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HR + Employment Law: Latest Updates & Trends Edition 17 - 2019

Summary of key updates in 2018 The introduction of Domestic Violence Leave - The Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018 was passed in December 2018 which will see all workers under the Fair Work Act 2009 (Cth) entitled to 5 days’ unpaid domestic violence leave., Casual conversion clauses took effect 1 October 2018 into 84 modern awards allowing a ‘regular ...

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HR Toolbox Edition 14 - 2018

Latest news Minimum wage increase, The Fair Work Commission’s Minimum Wage Panel recently decided to increase the national minimum wage including all modern award rates by 3.5% effective 1 July 2018 based on the “economic indicators now pointing more unequivocally to a healthy national economy and labour market ”. Moving forward, employers need to ensure that any applicable ...

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HR Toolbox Edition 10 2018

Recent news In a recent controversial decision by the Full Bench of the Fair Work Commission, employers using “back to back” term contracts may now run the risk of facing an unfair dismissal claim where a contract is not renewed. Click here to read our full blog on this key decision. , The results of the Fair Work Ombudsman’s healthcare sector campaign have found that ...

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RISK ALERT: A non-renewal of a term contract may now be considered a dismissal by the employer

Generally, under the Fair Work Act 2009 (Cth) (FWA) an employee can only bring an unfair dismissal claim if their employment has been terminated at the initiative of the employer. Prior to the decision of the Full Bench of the Fair Work Commission in Saeid Khayam v Navitas English Pty Ltd t/as Navitas English [2017] FWCFB 5162 (Navitas) an employee under a term contract that expired and was not ...

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New liabilities and higher penalties - recent changes to the Fair Work Act

We summarise below the key changes to the FW Act that may impact on you or your business: Higher penalties The maximum penalties for civil remedy provisions of the FW Act have now increased tenfold.  An employer who seriously contravenes their obligations under certain provisions of the FW Act may be liable for up to $126,000 per contravention where the employer is an individual and up to $630,000 where the employer is a corporation....

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HR Toolbox Edition 6 - 2017

Recent News. On 4 September 2017, the Senate voted to expanded the Fair Work Ombudsman's investigative powers, while imposing limits on the types of matters it can examine. The Opposition’s amendments to the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, still enable the FWO to exercise coercive powers with respect to gathering evidence of breaches, but these powers are subject ...

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Employer Successfully Rebuts Aged Care Worker’s Bullying Claim

The employee made multiple bullying allegations covering a period of approximately 3 years. Amongst those allegations she claimed that: the first day she met the manager that the manager yelled and screamed at her in the office;, she was detained against her will when she was asked to complete paperwork regarding a car accident at the end of her shift;, the manager’s concerns about timekeeping ...

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HR Toolbox Edition 5 - 2017

1.  Latest decisions. Disciplinary meeting attendance a must The Federal Court of Australia has held that failure to attend a disciplinary meeting amounted to repudiation of a dentist’s employment contract. The contract contained a clause to “obey the reasonable directions” of the employer. The disciplinary meeting sought to address staff concerns that the dentist’s ...

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HR Toolbox Edition 4 - 2017

1.  Latest decisions. Here to stay: casual conversion clauses introduced in modern awards The Fair Work Commission (FWC) has found that casual employees on modern awards should be entitled to elect to convert to full-time or part-time employment, subject to certain rules and restrictions. Casual employees will be eligible to convert to permanent employment sufficient to a qualifying ...

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HR Toolbox: Edition 3 - 2017

1.  Latest Decisions   Breach of Social Media Policy May be Cause for Dismissal The FWC confirms that social media activity may be grounds for termination, if the employer has conducted a full investigation to understand the context of any perceived inappropriate comments. In a recent case, the employee made “ridiculous” posts on Facebook including one announcing that “We all support ISIS” which led to his dismissal....

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HR Toolbox: Edition 2 - 2017

1.  Latest Decisions   Sunday and public holiday penalty rates slashed! In an historic decision, the Full Bench of the Fair Work Commission has reduced Sunday and public holiday penalty rate structures in awards for the hospitality, retail, fast food and pharmacy industry, effective from 1 July 2017. For further details about this changes, refer to our previous blog. Long ...

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Slashed!

In an historic decision, the Full Bench of the Fair Work Commission has reduced Sunday and public holiday penalty rate structures in awards for the hospitality, retail, fast food and pharmacy industry, effective from 1 July 2017.  In providing its decision, the Full Bench stated, amongst other things, that:  a reduction in penalty rates will likely increase employment growth and hours ...

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