The Fair Work Act 2009 commenced on 1 July 2009.

The Fair Work Act 2009 generally applies to ‘national system’ employers and their employees in Australia.  The Fair Work Act 2009 ‘covers the field’ and operates to the exclusion of State and Territory industrial laws, although some State and Territory laws are preserved.

Fair Work Australia and the Fair Work Ombudsman will manage the new system from 1 July 2009. The Australian Industrial Relations Commission will continue to complete the process of award modernisation for a limited time.

Safety net provisions of the Fair Work Act 2009 will commence on 1 January 2010. These provisions include the National Employment Standards, modern awards and national minimum wage orders for award/agreement free employees. Appropriate transitional arrangements will ensure that existing employee entitlements are protected between 1 July 2009 and 31 December 2009.

The new safety net, comprising of the National Employment Standards, modern awards and national minimum wage orders for award/agreement free employees will commence on 1 January 2010.

The period of 1 July 2009 to 31 December 2009 is known as the bridging period. During this period, pay scales and other minimum conditions such as public holidays, continue to apply, pending commencement of the National Employment Standards and Modern Awards.