A number of proposed changes to the Fair Work Act 2009 can now be confirmed, as of 1 January 2013, the following changes have taken effect:

1. The name change from Fair Work Australia to the Fair Work Commission (“FWC”) has been implemented.

2. Any unfair dismissal or general protection claims (involving dismissal) which are lodged on or post January 2013, now have a 21 day time limit for lodgement. The strict adherence to this time limit will continue to be implemented by the FWC, with extension of time applications being subject to consideration of whether there were exceptional circumstances for the late lodgement.

3. The FWC has further powers to dismiss unfair dismissal applications and to issue costs orders against lawyers or paid agents in relation to matters initiated or continued whereby there were no reasonable prospects of success or where costs have been incurred by unreasonable acts or omissions.

4. Changes to the making of enterprise agreements include among others that an agreement cannot be with a single employee that a union official cannot be a bargaining representative for an employee unless that union has coverage and the prohibition of opt-out clauses.

5. The new website for the FWC is now www.fwc.gov.au.

6. The Fair Work Information Statement (“FWIS”) has been amended to reflect the change to the FWC. Please ensure that new employees are provided with up to date copies of the FWIS. Please find an up to date copy of the FWIS on EI Advantage.