Unfair Dismissal under the new Fair Work system

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Unfair Dismissal under the new Fair Work system Powered By Docstoc
					     July 2009               I      Newsletter

                                                                    Focus                                                              Our Misssion
     730 Gympie Road, Lawnton. Open 9am - 4.30pm Mon - Friday                                                              “Enable and encourage individuals
                                                                                                                          and families to take informed control
     Phone 3205 2955              PO Box 489,                              Web         www.prnc.org.au                       of their own lives, and together
     Fax   3881 2877              Lawnton Q 4501                           Email       prnc@prnc.org.au
                                                                                                                                 enrich our community.”

New Laws for Separating De Facto Couples                                                  Unfair Dismissal                             employment would continue, on that
                                                                                                                                       basis, can make an unfair dismissal
New laws enabling de facto couples        the duration of their relationship is at        under the new                                claim.
to access, as married couples
can, the Family Court for property
                                          least 2 years.                                  Fair Work system                             Other exclusions from unfair dismissal
                                                                                          A new national workplace relations           remedies include seasonal employment
and spousal maintenance matters           State laws continue to apply to                                                              and specified-task employment at
commenced on 1 March 2009.                couples whose relationship broke                system, Fair Work system commenced
                                                                                          on 1 July 2009. The new system is            the end of which an employee’s work
This is a change from the laws            down before 1 March 2009, although                                                           is no longer required. The ending
                                                                                          created by the Fair Work Act 2009
that applied before 1 March 2009.         they may choose that the new laws               and covers the majority of workplaces        of employment that was for a fixed
Previously, de facto couples had          apply to them. The choice must be               in Australia. There are two new              period or task is not considered to be a
to seek orders in the District or         in writing and signed by both of them           organisations to regulate the system:        dismissal.
Supreme Court under the Property          after each has obtained independent             Fair Work Australia and the Fair
Law Act (Qld) 1974.                       legal advice and received a signed              Work Ombudsman.                              Employees whose remuneration is
                                          statement from their lawyer that the            All employees in Australia have some         more than the high income threshold
Cases between de facto couples            advice was given.                               minimum conditions of employment.            (unless a modern award or enterprise
concerning their children have been                                                       These can come from different places,        agreement covers or applies to their
within the federal family law regime      Not all states of Australia have                such as state or national laws and           employment) are also excluded from
since 1988.                               consented to have their laws                    agreements or awards. To find out how        making an unfair dismissal claim. The
                                          concerning de facto property come               you are covered call Fair Work Infoline      high income threshold from 1 July 2009
These new laws enable the Family                                                          on 13 13 94.                                 is $108,300 and is indexed annually.
                                          under the Family Court. Couples
Court to order a division of any
                                          who have resided mainly in South                Under the new national workplace
property that the couple own, either                                                                                                   If you believe you’ve been unfairly
                                          Australia or Western Australia should           system, there are new unfair dismissal
separately or together with each                                                          laws for small businesses and their          dismissed, you can apply to Fair Work
                                          seek legal advice. The Pine Rivers
other. Superannuation that each                                                           employees. Unfair dismissal is a             Australia (FWA) for a remedy. Note:
                                          Community Legal Service can give
partner has can also be split (married                                                    dismissal that is harsh, unjust or           The Fair Work Ombudsman does not
                                          general advice about these changes
couples have been able to split                                                           unreasonable. If an employee is made         investigate unfair dismissal complaints.
                                          to the Family Law and whether or                redundant, and the redundancy is
superannuation since 2002). Spousal                                                                                                    You must apply to Fair Work Australia
                                          not these laws affect your de facto             genuine, the dismissal will not be unfair.
maintenance, not previously possible                                                                                                   within 14 days after a dismissal takes
                                          property matter. However, we cannot
in Queensland, can also be ordered.                                                                                                    effect, although FWA may accept late
                                          provide a signed statement that we              The special arrangements apply for           applications. There is an application
 A de facto relationship is a             have given you independent legal                small businesses with fewer than 15
                                                                                                                                       fee, but FWA may be able to waive this
relationship that two people who          advice.                                         full-time equivalent employees (more
                                                                                          changes from 1 January 2011). It             fee.
are not married or related by family
                                                                                          is recognition that small businesses
have as a couple living together on a     (This article is merely a guide and not         usually do not have big human                If you need more information call FWA
‘genuine domestic basis’. It can exist    meant to be a detailed explanation              resource departments to help them,           on 1300 799 675 or visit www.fwa.
between 2 people of the opposite          of the law. We acknowledge that                 most cannot afford lost time and cannot      gov.au.
sex, or between 2 people of the           this article was sourced from Family            find other positions for employees.
same sex. All the circumstances of        Relationship Centre article “Property                                                        (Acknowledgement source: The source
the relationship are considered to        division when de facto relationships            Employees who have not met the               of this article is Fair Work Online http://
determine whether a couple has a de       break down - new Commonwealth law               minimum employment period (12                www.deewr.gov.au and is the copyright
facto relationship. This includes that    for separating de facto couples”.)              months employment in a small                 of Commonwealth of Australia 2009)
                                                                                          business and six months employment
                                                                                          in a larger one) are not eligible to make    The Pine Rivers Community Legal
                                                                                          a claim for unfair dismissal.                Service can also assist with advice,
                                     WE CAN HELP!                                                                                      information and referrals concerning

              Tax                    Get free help with your tax return from              Casual employees employed on an
                                                                                                                                       your employment matters. Phone the
                                                                                          irregular basis are also not eligible
                                     our tax help volunteer.                              to make a claim for unfair dismissal.        Pine Rivers Neighbourhood Centre on
                                                                                                                                       3205 2955 to make an appointment

              Help                   • Are your tax affairs simple?                       Only those casual employees who
                                                                                          have been engaged on a regular               or come to our drop in service on
                                     • Do you earn less than $40,000?                     and systematic basis and who have            Thursday evenings from 5.45pm until
                                     • Education Tax Refund?                              a reasonable expectation that their          7.30pm, no appointment necessary.

     The centre would like to sincerely thank our supporters
     • Queensland Government Department of Communities
     • Pine Rivers Lions Club
     • Australian Government Department of Families,
       Housing, Community Services and Indigenous Affairs
     • Moreton Bay Regional Council • Brendale Community Bank
     • Legal Aid Qld • Barnardos
     • Lions Club of Petrie
     • Zonta Club of Pine Rivers Inc.

            Community Development I Legal Information I Family & Individual Support I Community Learning
                                              Donations of over $2 made to the Pine Rivers Neighbourhood Centre are tax deductible.
                                                                                          Families in Transition
   Course and                                                                             - incorporating the
                                                                                          Seasons™ program
                                                                                          Families in Transition is available to

     The following courses and groups are
                                               Groups                                     Young People who have experienced
                                                                                          change in their lives. This includes loss
                                                                                          through separation, divorce or the death
                                                                                          of a loved one. Our program caters to
     being offered from July – December 2009
                                                                                          children aged 7-12 years. Group size
     To enrol simply phone 3205 2955.                                                     is limited to 6-8 children per group with
                                                                                          two age group levels, 7-9 & 10-12 yrs.
Kids Cooking                                 further information. 10th Nov-8th Dec.
                                             Times are 6.30pm to 9pm for 5 weeks.
                                                                                          While the kids are at Seasons, parents
These sessions are held for children                                                      are invited to get-together and learn more
                                             Bookings are essential. Cost $25             about supporting their children through
aged 9-12 years on school holidays.          for entire course. No child minding
Come along and learn: how to follow a                                                     family change.
                                             available for this course.
recipe, cooking hygiene, nutrition, how                                                   Semester 2 2009: Thurs 20th August -
to prepare; cook and of course eat the
delicious food you make. Cost is $8 incl.
                                             Life’s Journey                               5th November (there will be no sessions
                                                                                          on 24th Sep & 01st Oct due to school
food, with maximum of 8 children per         This is a free 6 wk non-threatening group
                                                                                          holidays) or Wed 14th October – 9th Dec.
session. Bookings essential, payment         for women, who would like to make new
                                                                                          Sessions are held after school from
confirms place.                              friends, increase self esteem and have
                                                                                          4-5.15pm. Cost is$30 for entire
Sept/Oct Hols 09: Wednesday 23rd,            fun. You will be able to experience new &
                                                                                          program. Childminding is provided
Friday 25th, Tuesday 29th Sept &             creative things, explore ideas & meet new
Thursday 1st Oct, from 10am-1pm.             people. Activities during the 6 weeks will   upon request.
                                             include: Clay, Communication, Mosaics,
Multicultural Women’s                        Life Stresses, Relaxation, Painting,         Understanding &
Afternoon Tea                                Music & Poetry appreciation. This            Managing Anger
Offering friendship and support to all.      course is being held in partnership with     A therapeutic group program for
Come and join us once a month to             Relationships Australia.                     individuals and couples who are
connect with other women. Learn new          Mondays 9.30am - 12.00pm.                    challenged by their own expressions of
information, share cultures, enjoy guest     12th October – 16th November.                anger. Held in a safe and confidential
speakers and have fun!                       Places are limited, bookings are             space, topics include: Understanding the
Group meets 3rd Friday of every              essential. Limited Childminding              context in which anger develops, Skills
month, 1pm-2.30pm in the Betty Blake         available upon request.                      & strategies to deal with your anger,
Building. There is no cost and for more      Please Ph: 1300 364 277.                     Improved communication skills for family
information please call Elsa on 3491
3485 or the Neighbourhood Centre on
                                                                                          Tuesday evenings, 6th October - 3rd Nov.
3205 2955.
                                                                                          Times: 6.30pm-9pm for 5 weeks. Cost
Mothers Wellbeing                                                                         is $25 for entire course. No child
                                                                                          minding available.
An opportunity for mothers to support
each other while learning about topics
of interest; Positive Parenting, Effective                                                INSIGHT
Communication, You and your child’s self                                                  Insight’ is a support group for women
esteem, Schoolyard Bullying. Interactive                                                  who have all, at some point in time,
activities also offered.                                                                  experienced depression and the
Term 3/4 please call the Centre for                                                       difficulties that this causes in their
further information. Childminding                                                         daily lives. Insight meets in a relaxed
is available upon request, gold coin                                                      and informal environment. Topics and
donation please.                                                                          Guest speakers are planned throughout
                                                                                          the sessions, which include: Positive
Positive Parenting                                                                        communication, understanding feelings,
for Mums, Dad’s and                                                                       expressing emotions, self-worth and
Couples                                                                                   relaxation, as well as discussing and
                                                                                          learning new coping strategies.
Join Ross Adams (Family Therapist) and                                                    Group runs for 5 weeks commencing
a group of parents in a relaxed, safe and                                                 Thurs 29th Oct – 26th Nov, 10am-12 noon.
confidential space to explore & develop
                                                                                          Childminding is available upon
positive parenting and communication
                                                                                          request, gold coin donation please.
skills with children & teenagers. Topics
include: building love and respect in
the family - Understanding children’s
behaviour - Setting firm boundaries            Watch out for our advertising and columns in the
and follow-through – Fostering positive
self esteem - Positive role modeling &         Pine Rivers Press or go to our website www.prnc.org.au
problem solving techniques - Dealing with
overload or stressful situations.
                                               to get up to date community learning courses and
Term 3/4 please call the Centre for            groups information
 2                                               Pine Rivers Neighbourhood Centre                                 July 2009
Parenting Teens                             Our Amazing Adventure                       Compassionate Communication
                                            at Old Petrie Town                                  Workshops
                                                                                        Learn skills to create more peace
                                            By Matthanee and John                       and intimacy in close personal
                                                                                          • Find ways to relate more easily
                                                                                            and effectively at home and work.
                                                                                          • Enrich your life with tools for
                                                                                            personal hassles and personality

                                                                                        The process of ‘Compassionate
Is a five week program for parents of                                                   Communication’ has tremendous
                                                                                        potential to transform relationships,
young people aged 12-17 years. The
                                                                                        while enhancing our own inner peace.
course will provide you with parenting
information and tips about young people     On Tuesday, 5th May, students and           2 Day workshop led by Jana Krins
and a better understanding on how           tutors in the Adult Literacy and            Venue: Albany Creek Community
                                                                                        Centre, Saturdays
to manage this within your role as a        Numeracy Program visited the museum
                                                                                        15th and 22nd August
parent. Topics that will be included are:   at Old Petrie Town. We went to see the      OR
Understanding your teen’s behaviour,        displays and exhibits.                      Woodside Community Centre,
Effective Communication, Respect and                                                    Fridays, 28th August and 4th
Boundaries, Fostering healthy family        The focus of the museum is the history      September.
relationships. Course dates: Tues 10th      of the settlement of the Pine Rivers        DETAILS: $160 for the 2 days.
November-1st December. 10.30am-             district. This is portrayed through a       Concessions available on request.
12.30pm. Course cost is $20 for 4           series of galleries and exhibits. These     9.30am – 4.00pm. Please bring
weeks. Childminding is unavailable          included a pioneer house, olden days        lunch to share or BYO. Tea/Coffee
for this course.                                                                        provided.
                                            school room, transport, early day’s
                                            furniture, tools and utensils as well as    For more information contact Jana
**Childminding is for children                                                          Krins. Ph 07 54999552
                                            special short term exhibits which at this
under primary school age and                time featured the Rock and Roll Era of
                                                                                        Mob: 0412408915 or
may not be available for all                                                            email jana.krins@yahoo.com.au
                                            the 50s and 60s.
courses, please check and boo
 at time of enrolment.                      Most exhibitions contained authentic        Moreton Bay Healthy Ageing Expo
                                                                                        Thursday 20 August 2009
                                            artifacts that were donated by pioneer
**Course enrolments can be taken                                                        10:00am - 4.00pm
                                            families of the district. These included    Location: Deception Bay Hall,
up to and including 2nd week of             such things household items, copies         Cnr Bayview and Ewart Streets,
course, after this courses are              of letters and diaries, tools and           Deception Bay
closed.                                     clothing. There is a wonderful display
                                                                                        Celebrate Seniors Week at the
                                            of clocks also.                             Healthy Ageing Expo!
For more information on any of                                                          GIVEAWAYS
the above courses or to enrol               The Rock and Roll Era exhibit               FREE LUNCH
please phone the centre on                  focuses on the music, dance, dress          PRESENTATIONS
3205 2955, or drop in to                    and hairstyles. Our tutors were             INFORMATION DISPLAYS
730 Gympie Rd, Lawnton.                     contemporaries of this time. They really    HEALTH CHECKS
All course costs are negotiable.            got excited when visiting this exhibit.
                                                                                        Free transport to the Healthy Ageing
                                                                                        Expo is available.
                                            It was a great visit and very worthwhile.
                                                                                        Residents of Deception Bay, North
                                            We learnt many interesting things about     Lakes or Redcliffe area can reserve a
                                            our district.                               seat on the bus by calling the Redcliffe
                                                                                        Community Association on 3480 8777.
       NOTICE OF AGM                        Methane’s own special thoughts:             Transport from other areas may also
                                            I had learned about the South Pine          be available (subject to demand).
 Wednesday 16th September 2009              River area, the history, the industries,    Please call Vidya Gopinath at Qld
                                                                                        Health on 3624 1155 to register
                                            and the people. I found it very
 Time:      6.30pm for refreshments                                                     your interest.
            7pm start
                                                                                        For further information about the
                                            John’s own special thoughts:                Healthy Ageing Expo please
 Location: Albany Creek                                                                 contact the Moreton Bay
           Community Centre                 As a result of going to the museum          Regional Council on 3283 0285 or
            (Corner of Ernie Street and     I learnt a lot about Petrie and district.   email Jacqueline.pedersen@
            Chapman Court, Albany Creek)    I really enjoyed the clock exhibit.         moretonbay.qld.gov.au
                                            The clocks were fascinating.

  July 2009                                     Pine Rivers Neighbourhood Centre                                               3
                     Volunteer Appreciation Day: Pamper and Play

The Pine Rivers Neighbourhood Centre and the         Transport to and from the event was available                                                                            Others enjoyed the archery, where there was
North Lakes Health and Well-Being Steering           and lunch was provided, as well as morning                                                                               much friendly rivalry and competition, and even
Group held a Volunteer Appreciation Day on           and afternoon tea. The healthy lunch was                                                                                 a bull’s eye! Check the line up and see the
the 17th July 2009, for volunteers in the Moreton    appreciated by participants, who had built                                                                               steely glint of determination in their eyes.
Bay area. The theme for the day was “Pamper          up quite an appetite after doing the various
and Play” and it took place at Camp Warrawee         activities on offer.                                                                                                     The coordinated sounds of rhythm and beat,
in Joyner. All and any volunteers were invited to                                                                                                                             (eventually!) were heard by anyone passing
register to attend. The focus was on:                The day started with a welcome greeting by                                                                               the hall, where the drummers were taught the
                                                     Sandy from the Pine Rivers Neighbourhood                                                                                 basics of African drumming.
     •   Thanking volunteers and showing             Centre, and then the action began! A warm
         appreciation for their services,            up line dance was on offer for those keen to
     •   Fun and physical activity,                  try it out, with many discovering how much
     •   Healthy eating,                             co-operation between the brain and the body
The entire day and all activities were available     is actually required to get the dance’s looking
at no cost for the participants. Truly a great       good. Not that a warm up was really needed, as
opportunity to show appreciation! The                it was a beautiful day with plenty of sunshine.
volunteers who attended came from a variety          A great day for all of the outside activities on
of volunteer organisations and roles. The            offer!
participants had a great day and feedback            A brave group of adventurers then went off to
was very positive, with requests for more such       do the canoeing, led by a Camp Warrawee
events!                                              guide, and they all returned, still dry, and ready
There were plenty of nutrition and health            for more action! Some of the canoeists are
displays set up in the hall and “goodie bags”        pictured below.
were handed to everyone. The bags were full of                                                                                                                                Those keen to explore their artistic side,
information, free trial gym memberships, water                                                                                                                                took part in the art group and much fun and
bottles, healthy snacks, vouchers, pamphlets                                                                                                                                  discussion was had.
and recipes; all with a focus on healthy lifestyle
choices.                                                                                                                                                                      The day ended on a peaceful note, with tai
                                                                                                                                                                              chi and mediation for everyone. There was
There were cooking demonstrations and                                                                                                                                         plenty of opportunity for social interaction and
everyone got to share the delicious, healthy,                                                                                                                                 the various groups enjoyed getting together,
freshly prepared food; and remind themselves                                                                                                                                  sharing experiences and having a laugh-with
about food portions and healthy choices!                                                                                                                                      the underlying focus on healthy living.

                                                     Q150 Personalised Plates Raffle
                                                                                                                                                                                Support Groups

            National Child                                                                                                                                                        These groups meet at various times
            Protection Week
                                                                                                                                                                                  at the Neighbourhood Centre.
                                                     Prize: Limited Edition Q150 Personalised
                                                             Number Plates valued at $1000
                                                                                                                                                                                  Overeaters Anon              3298 6646
                                                     Cost: $25 per ticket
                                                     Closing Date: 16th September 2009                                                                                            Alanon & Alateen             0418 700 383
                                                     To Purchase a ticket: Visit the Pine Rivers                                                                                  Bereaved by Suicide
Pine Rivers Family Support Network                   Neighbourhood Centre, 730 Gympie Road
presents:                                            Lawnton or call 3205 2955                                                                                                    Support Group                0408 164 160
“Bridging the Gap- creating a greater                The raffle will be drawn at the Pine Rivers                                                                                  Gamblers Anon                0400 667 041
understanding to working together to                 Neighbourhood Association Annual
protect our kids”                                    General Meeting, September 16th 2009                                                                                         Handihome                    0407 649 606
Forum with local agencies.                           All money raised will be used to support PRNC’s Community
                                                     Learning programs, e.g. Adult Literacy Program, Kids and Teens                                                               Lawnton Ladies               3881 1820
Guest speakers around Child safety,                  Self Esteem Groups
Domestic Violence and what resources are
available to families.
                                                                                                                                                                                  Multiple Births Assoc        3315 5358
Thursday 10 Sept 9.30-2.30
                                                                                                                                                                                  Toy Library - Playgroup
North lakes Community Centre
                                                     Terms and Conditions: 1. Prize winners will be notified by mail and/or phone on 18/09/2009 and results posted on
                                                     the Pine Rivers Neighbourhood Centre Website: www.prnc.org.au 2. Ineligibility to Enter: A person is not eligible
                                                                                                                                                                                  Association of Qld           3855 9600
Please contact Tamara A on 3205 2955 for             to enter the raffle if the person is: a) a member of the Management Committee of the Pine Rivers Neighbourhood Asso-
                                                     ciation b) directly involved in conducting the draw of the raffle c) a member of the immediate family of a person men-

details.                                                                                                                                                                          Toughlove Parent Support 0417 645 352
                                                     tioned in (a). Immediate family means the person’s spouse and family members residing at the same premises as the
                                                     person. 3. The Pine Rivers Neighbourhood Association will incur the cost of Number Plate Transfer.

4                                                                  Pine Rivers Neighbourhood Centre                                                                                                          July 2009