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Employment and Workplace Relations Blog

Employment Law and Workplace Relations Blog

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HR Toolbox Edition 15 - 2018

Latest decisions An unusually close relationship between an employee and employer nullifies bullying claim, Ms McCutcheon, who was employed as an area manager with a wine wholesaler alleged that she was subjected to repeated unreasonable behaviour during the course of her employment. Amongst the allegations, Ms McCutcheon claimed that the wine wholesaler’s Managing Director, inappropriately ...

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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 13 - 2018

Latest news Launch of Online Unfair Dismissals Benchbook, The Fair Work Commission has launched an interactive online version of the unfair dismissal benchbook on 24 April 2018. This is a helpful resource for businesses as it explains key principles of unfair dismissal case law in plain English and case summaries applying relevant principles. To review the benchbook, click here. Family ...

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HR Toolbox Edition 12 - 2018

Latest news Single Touch Payroll, The ATO will introduce the Single Touch Payroll (STP) Reporting system on 1 July 2018 for employers with over 20 employees and 1 July 2019 for employers with 19 or less employees. The objective of STP is to provide payroll data including superannuation, in “real time” across government platforms including the Departments of Human Services, Immigration and ASIC concurrently with the employer’s usual pay run....

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HR Toolbox Edition 11 - 2018

Latest news The Fair Work Commission has approved the amalgamation of the CFMEU, MUA and TCFUA which will take effect from 27 March 2018. An appeal to this decision has already been lodged by two employer groups. To read the full decision, click here., The McGowan Government has approved the drafting of a modernised workers' compensation statute. In a media statement released 15 February 2018, ...

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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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HR Toolbox: Edition 9 – 2017

Latest news: The latest Annual Report released by the Fair Work Commission has revealed that in the last 12 months there has been an upwards trend in general protections (involving dismissal) applications, with a 14% increase in this type of claim from 2015-2016.  Out of the 3,564 general protections applications made to the Commission, 73% of them were finalised at the Commission level and ...

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Occupational Health and Safety Blog

Whilst Western Australia never quite made it out of the starting gate, the majority of other Australian jurisdictions (with the exception of Victoria) have since enacted harmonised OHS legislation based on the Model Legislation published in or about 2010. Having spent considerable time and resources in preparation for the Model legislation that never came, it is unsurprising that many Western Australian industries are a little jaded and more than a little confused....

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HR Toolbox: Edition 8 – 2017

Latest news The McGowan government has introduced amendments to the Occupational Safety & Health Act 1984 (WA) to increase penalties for offences under the Act. The significant increases are aimed at ensuring that penalties better reflect the importance of a safe workplace and to bring Western Australia’s penalties in line with other jurisdictions in Australia.  To review the Bill and explanatory memorandum, click here....

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HR Toolbox Edition 7 – 2017

Latest decisions The Fair Work Commission, which found that an employee’s dismissal was not a genuine redundancy, has ordered to have the employee reinstated back into his former job (or an equivalent position) despite the employer opposing such an order on the basis that the former job no longer existed and the employment relationship had been irretrievably broken. Links to the full decision ...

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Think Twice Before Withholding a Bonus Or Changing a Bonus Scheme

Mr Anthony Loone was the Managing Principal of the Launceston arm of Crowe Horwath (Aust) Pty Ltd (CHA).  Mr Loone’s contract contained a term that provided for the payment of a bonus. The relevant clause of the contract provided that: “The bonus you may be eligible to get forms a discretionary component of your Remuneration. The Company will determine from time to time, at its ...

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