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This week’s statement from the Australian Industrial Relations Commission (AIRC) has reconfirmed the Coalition’s fears that the Rudd Government’s Award Modernisation is causing great uncertainty and confusion for small business owners, operators and employees, The Nationals Member for Riverina, Kay Hull, has advised.
With just days to go before the so-called Modern Awards come into affect, there is still in excess of 100 applications to vary the yet to commence new awards which are yet to be finalised, with the unresolved changes set to apply retrospectively according to the AIRC.
The widespread small business concern about a lack of detailed knowledge about how the Modern Awards will impact on individual workplaces is made worse by the fact that the very provisions to be applied are still to be settled in dozens and dozens of cases.
The Opposition again repeats its call for the Rudd Labor Government to end its disinterest in the impact of its new awards and workplace relations changes on small business employers and employees and to take urgent steps to ensure that the small business community has relevant and reliable advice and actionable information about the new regime.
Small business people are busy people who want to do the right thing, and should be far better supported with information and education about the new workplace regime that they can apply.  
The least the Small Business Minister can do is rise above his indifference to the impact of the workplace law changes on small business employers and employees and ensure that the extended education and information campaign promised six months ago is actually delivered and delivered immediately, before and not after the kick in date of 1 January 2010.
Small business proprietors are busy coping with the current economic challenges and making sure their businesses remain viable and able to continue to employ, the last thing that is needed is this modern award mystery.
Through its statement the Commission’s said ‘We are concerned that confusion could arise if we embark on the process of making residual variations while there are so many substantial variation applications still being dealt with. We have therefore decided to delay the residual variation process until early in 2010’.
In a further embarrassment for Mr Rudd, the Commission went on to admit ‘drafts including all outstanding residual variations will be made available for comment on the FWA website in January 2010. It is anticipated that when they are made the residual variations will operate from 1 January 2010.’
Mr Rudd has made much about its new regime supposedly being easier to navigate, however this statement is further proof that small business owners and employees through no fault of their own,  have been poorly informed and prepared for changes to employment laws as a result of the ‘award modernisation’ process by the Labor Government.
The January 1 changes are the ‘business end’ of the new workplace relations regime. With the utter confusion in the small business community surrounding the changes and over 100 applications to vary modern awards yet to be finalised, the Rudd Labor Government must ensure that it does not continue to leave small business employers and employees high and dry in terms of reliable and useable information and the promised education campaign.
This latest instalment from the Australian Industrial Relations Commission adds further uncertainty for small business employers and employees to what are already confusing, unexplained and poorly understood workplace changes.
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For further information please contact Lucy Spora on 02 6921 4600.

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