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Penalty rates in Hospitality and Retail modern awards cut

Summary - In a landmark ruling, the Fair Work Commission Full Bench has reduced Sunday penalty rates in the hospitality, retail, fast food and pharmacy sectors and reduced public holiday penalties in those sectors and,...more

Employment Update (Australia) It's Easy to Complain: General Protections

On 4 August 2015, the Federal Government's Productivity Commission (PC) released its draft report in relation to Australia's workplace relations framework (available here). In its report, the PC proposes the following...more

United Firefighters' Union of Australia v Country Fire Authority [2015]

In a landmark judgment with significant implications for the state public sector, the Full Court of the Federal Court of Australia (Full Court) has upheld an appeal by the United Firefighters' Union of Australia (UFU) against...more

At work when you're not at work

With Christmas approaching, it is a good time to communicate with employees about boundaries, both in terms of acceptable conduct, and the parameters in which that conduct will be regulated. Work Christmas celebrations...more

No Implied Term Of "Mutual Trust And Confidence" In Australian Employment Contracts

In a welcome development for employers, the High Court has handed down a landmark decision that confirms, for the first time, that Australian employment contracts do not contain an implied term of "mutual trust and...more

9/10/2014  /  Australia , Employment Contract

Employment Update: Workplace Bullying – Snapshot Of Recent Developments

Five months into the Fair Work Commission's new bullying jurisdiction, the demand for and scope of the new laws is slowly becoming clearer. This article briefly summarises a number of recent cases and developments...more

Workplace Bullying – Past Behaviour Relevant In Fair Work Commission's New Jurisdiction Update

The Fair Work Commission's anti-bullying powers came into force on 1 January 2014 (see our previous update here). In a recent decision (Application by Kathleen McInnes [2014] FWCFB 1440), the Full Bench of the Commission has...more

Out of hours conduct - when is it a workplace issue? (Australia)

The line between conduct that may be said to have taken place within or outside the workplace is often quite blurry. While the conduct of an employee in any part of their life has the potential to affect the reputation of...more

Australia: General Protections - Best Practice Guide

OVERVIEW - The general protections protect “workplace rights” as defined broadly in the FW Act. The general protections prohibit “adverse action” being taken against a person when that person decides to, or not to,...more

Australia: Industrial Action - Best Practice Guide

OVERVIEW - The FW Act contains a central distinction between “protected” industrial action (that is, lawful action) and “unprotected” industrial action (unlawful action). However, a designated “bargaining period”...more

Australia: Termination Of Employment - Best Practice Guide

WHAT OBLIGATIONS ARISE? Unfair dismissal laws, which are set out in the Fair Work Act 2009 (Cth) (FW Act), apply to a large number of Australian employees and generally give those employees the broadest protection...more

Australia: The Safety Net - Best Practice Guide

COMPLIANCE WITH THE NES - An employer must comply with the NES in relation to each of its employees. Any attempt to exclude the NES or provide less favourable entitlements will not be effective as the NES...more

Australia: Managing Ill Or Injured Workers - Best Practice Guide

TAKING THE PLUNGE - Often, the first step is for an employer to ask, and if necessary, direct the employee to undergo a medical examination. Where the employee refuses, the employer needs to decide whether that...more

Australia: Bargaining Under The Fair Work Act - Best Practice Guide

ENTERPRISE AGREEMENTS - The FW Act provides for the making of an enterprise agreement that is simply a collective agreement that covers one (single-enterprise) or more employers (multi-enterprise) and the employees...more

Australia: Right Of Entry For Unions - Best Practice Guide

OVERVIEW - There are three types of ROE for union officials seeking to enter ‘workplaces’ under the FW Act: - To hold discussions with employees whose interests the union is entitled to represent - To...more

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