New Stand Down Powers Under JobKeeper
Further to our JobKeeper article, a new Part 6-4C has been introduced to the Fair Work Act 2009. This temporary provision authorizes employers eligible for JobKeeper to exercise new more flexible powers to stand down employees who cannot be usefully...
15 April, 2020
Employee not entitled to demand flexible work arrangements
Under the National Employment Standards, an employee who is the parent, or has the responsibility for the care of a child who is of school age or younger, is entitled to request a change to his/her working arrangements because of...
15 October, 2019
Casual employee held to be entitled to annual leave
A recent decision held that an employee employed as a casual and ostensibly paid casual loading, was nonetheless entitled to payment of accrued annual leave upon termination of his employment.
12 September, 2018
Time is up for maximum term contracts
The longstanding principle that precluded an employee subject to a contract with a specified end date from seeking unfair dismissal relief upon the expiration of the contract term has been overturned – how will it affect you?
26 March, 2018
New compliance obligations for employers and franchisors
In brief The Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Act) has now come into force and increases the exposure and legal responsibilities of employers and franchisors within their franchise system. What you need to know Penalties are steep. The...
22 September, 2017
So this is bullying!
In brief There have been relatively few decided cases on what constitutes workplace bullying under the Fair Work Act 2009 (Cth). This is largely attributable to the fact that the Fair Work Commission’s jurisdiction does not provide any compensation for claimants,...
22 August, 2017
The need to redeploy in a genuine redundancy
In brief The unfair dismissal provisions of the Fair Work Act 2009 apply to all employees covered by modern awards, enterprise agreements and other employees who are not “high income” employees. High income employees are defined as employees with a...
8 March, 2017
Restraints of trade have never been more enforceable
In brief Restraint of trade clauses in contracts of employment have never been more enforceable, particularly in Victoria. What you need to know Employers need to provide justification of the level of restraint documented Each situation is different and restraints of trade...
12 December, 2016
Insurer fined for breach of employee privacy
A recent decision of the Australian Privacy Commissioner has provided a valuable reminder to employers of the importance of not mismanaging an employee’s personal information, such as WorkCover claims history. Facts In a recent case, an employee lodged various WorkCover...
3 November, 2016
Garden Leave: the Pitfalls, Do’s and Don’ts
Employers may find themselves in a financially onerous position if correct procedures aren’t followed when placing staff on “garden leave” – it’s not always as straight forward as it seems. It’s best to know the do’s and don’ts in this...
26 September, 2016
Employer fined for making returning mother redundant
It’s an all too familiar scenario. A valued employee takes her statutory entitlement to maternity leave and applies for a flexible work arrangement such as part-time work upon returning to work. However, whilst the employee has been away on parental...
25 August, 2016
EBA Bargaining Notice Alert!
In brief To commence the bargaining process for approval of an enterprise agreement (EBA), the employer must serve the Notice of Employee Representational Rights (Notice). What you need to know With effect from 1 January 2013, a new section 174(1A)...
17 December, 2015
Termination of Employee on “Sickie” Upheld
In brief The Full Federal Court has recently upheld the termination of employment of an employee on sick leave in circumstances familiar to many employers. Background The employee was employed at a mine and rostered to work nightshift on 24...
17 December, 2015
Reasonable management action – It’s just not bullying
In brief A recent decision by the Fair Work Commission in relation to a bullying application illustrates how best practice management procedures can provide a solid defence for organisations. There have been relatively few decisions in the Fair Work Commission’s...
24 September, 2015
Contractor or employee? The latest form guide
Theoretically, the distinction between an employee and a contractor is simple – employees work in your business and are part of your business, contractors run their own business and provide services to your business. In practice, however determining whether an...
13 July, 2015
Dealing with workplace relationships: Guidelines for HR Managers
It has traditionally been a very sensitive and private subject, but according to the Fair Work Commission (FWC) employers need to seriously consider disclosure policies for workplace romances. Office relationships are something in which a large number of employers are...
13 July, 2015
Termination for failing random drug test upheld
Where safety is a critical component of an employee’s duties, employers’ drug and alcohol policies are more likely to be enforceable. The Full Bench of the Fair Work Commission recently upheld the termination of employment of an employee who returned a positive...
7 April, 2015