Employment Law Handbook

30/08/2024

BULLETIN: This week’s bulletin takes you through a checklist to help you determine whether you are meeting your new obligations under the Fair Work Act 2009 (Cth).

With the latest amendments to the Fair Work Act 2009 (Cth) (FW Act) taking effect this week, employers should take stock of all the recent FW Act changes and the implications for their business. Answer the following questions to help you determine whether you are meeting your new obligations. [Subsc...

29/08/2024

CASE LAW: The Federal Court recently considered whether a fixed fortnightly wage payment, calculated by dividing an annual salary by 26, could be set-off against an obligation under an enterprise agreement to pay wages calculated by reference to the hours actually worked in each fortnight. https://www.employmentlawhandbook.com.au/case-law/when-can-overpayment-of-wages-in-one-pay-period-set-off-underpayment-in-another/

27/08/2024

UPDATE: We have brand-new content for you at the Employment Law Handbook. Subscribers can now find one new chapter (Industrial manslaughter), two new template policies (Smoke-Free Workplace Policy and Workplace Surveillance Policy), and three new fact sheets on bullying, workplace investigations and inductions. https://www.employmentlawhandbook.com.au/

21/08/2024

BULLETIN: The Fair Work Commission recently arbitrated a dispute over an employee’s request for a flexible work arrangement.

In last week’s bulletin, we discussed the power of the Fair Work Commission (FWC) to arbitrate disputes about requests for flexible work arrangements. The FWC exercised this power in the recent case of Ridings v FedEx Express Australia (2024). A part-time employee requested to work from home for e...

13/08/2024

Q&A: Can employees use their long service leave when they run out of annual leave? Find the answer in the Employment Law Handbook. https://www.employmentlawhandbook.com.au/question-and-answer/can-employees-use-long-service-leave-in-lieu-of-annual-leave/

09/08/2024

BULLETIN: The Fair Work Commission considered whether an unfair dismissal claim was made within the 21-day limit for an employee who backdated their resignation.

An employer cannot end an employment contract without communicating the intention to the employee. A contract of employment might expressly provide for its termination by the employer immediately without it first being communicated to the employee (e.g. upon the occurrence of an event stipulated in....

05/08/2024

CASE LAW: A general protections claim fails as the Court finds the employee was demoted for genuine performance reasons. https://www.employmentlawhandbook.com.au/case-law/demotion-found-to-be-in-response-to-poor-performance-in-general-protections-claim/

02/08/2024

FACT: A bullying claim made to the FWC will be rejected when the alleged bullying conduct is in fact reasonable management action. Find out more about bullying claims in the Employment Law Handbook chapter Bullying. https://www.employmentlawhandbook.com.au/chapters/bullying/

01/08/2024

BULLETIN: On 26 August 2024, new amendments to the Fair Work Act 2009 (Cth) will change the requirements around casual conversion to permanent employment.

On 26 August 2024, new amendments to the Fair Work Act 2009 (Cth) (FW Act) will change the requirements around casual conversion to permanent employment. What are the current casual conversion rules? Currently the FW Act imposes a positive obligation on an employer (other than a small business emplo...

30/07/2024

Q&A: Do employees have an entitlement to unpaid personal leave when they run out of their paid entitlement? Find the answer in the Employment Law Handbook. https://www.employmentlawhandbook.com.au/question-and-answer/can-we-refuse-to-grant-unpaid-personal-leave/

23/07/2024

TIP: Pre- and post-employment medicals are a practical way of determining an employee’s physical capacity both before and after employment. If an employee later claims compensation for an injury that was not detected in the post-employment medical, this can help you demonstrate that the injury was not caused by employment in your business. Find out more in the Employment Law Handbook chapter Workers’ Compensation. https://www.employmentlawhandbook.com.au/chapters/workers-compensation/

18/07/2024

Q&A: Can you engage someone on consecutive fixed-term contracts? Find the answer in the Employment Law Handbook. https://www.employmentlawhandbook.com.au/question-and-answer/can-we-engage-someone-on-consecutive-fixed-term-contracts/

16/07/2024

BULLETIN: In a recent case, an employee claimed her employer had breached her privacy by disseminating personal information about a medical event and her subsequent status in an email.

The Privacy Act 1988 (Cth) imposes requirements on certain organisations when dealing with personal information about individuals. In particular, if health information is collected about the individual for a purpose, it must not use or disclose the information for another purpose unless the individu...

11/07/2024

BULLETIN: In a recent case, the Fair Work Commission had to determine whether a casual radio presenter had been dismissed.

Each occasion that a casual employee works is treated as a separate engagement pursuant to a separate contract of employment. Casuals may be engaged from week to week, day to day, shift to shift, hour to hour, or for any other agreed short period. Therefore, a casual employee does not

09/07/2024

CASE LAW: A consulting firm’s delay in attempting to enforce a post-employment restraint resulted in it becoming unenforceable. https://www.employmentlawhandbook.com.au/case-law/delay-enforcing-post-employment-restraint-proves-damaging/

04/07/2024

BULLETIN: From 1 July 2024, workplace delegates’ rights have been amplified for award-covered delegates and their employers following the insertion of a new delegates’ rights term for workplace delegates by the Fair Work Commission.

In a December bulletin, we wrote about the new protections in the Fair Work Act 2009 (Cth) (FW Act) for employees appointed or elected under the rules of their union to represent employees in a particular enterprise as workplace delegates. From 1 July 2024, these rights have been amplified for

01/07/2024

Q&A: Can you recall an employee from annual leave to ask them to participate and respond to allegations in an investigation meeting? Find out in the Employment Law Handbook. https://www.employmentlawhandbook.com.au/question-and-answer/can-you-direct-an-employee-to-attend-a-meeting-while-they-are-on-leave/

27/06/2024

BULLETIN: In 2023, the Fair Work Act 2009 (Cth) was amended to facilitate multi-enterprise bargaining. Unions are starting to pursue this avenue in various industry sectors.

In 2023, the Fair Work Act 2009 (Cth) (FW Act) was amended to facilitate multi-enterprise bargaining. Unions are starting to pursue this avenue in various industry sectors. Multi-enterprise bargaining stream Since 6 July 2023, employers and union bargaining representatives can apply to the Fair Work...

24/06/2024

CASE LAW: A fine of $150,000 was imposed on an air-conditioning installation company based in Queensland after it failed to ensure the safety of its electricians, which resulted in a worker being electrocuted. https://www.employmentlawhandbook.com.au/case-law/company-pleads-guilty-to-breaching-electrical-safety-obligations/

21/06/2024

BULLETIN: The South Australian Parliament has implemented changes to the Work Health and Safety Act 2012 (SA), which are due to come into operation in the second half of the year.

Following an independent review of work health and safety (WHS) laws in South Australia, the Parliament has implemented changes to the Work Health and Safety Act 2012 (SA) (WHS Act), due to come into operation in the second half of 2024. The most notable changes are in the following three

20/06/2024

BULLETIN: The Fair Work Commission has made its first intractable bargaining workplace determination since being granted the power to do so last year.

Since 6 June 2023, the Fair Work Commission (FWC) has had the power to resolve so-called ‘intractable bargaining disputes’ by compulsory arbitration. The FWC will only exercise these powers if satisfied that: * conciliation has not resolved the dispute; * at least 9 months have passed since the ...

18/06/2024

TIP: If you suspect an employee has a problem with drugs or alcohol, you could suggest that they receive treatment, or provide them with counselling through an Employee Assistance Program, if you have one. You should include information about treatment services in your drug and alcohol policy. Find out about your obligations when it comes to drugs and alcohol in the workplace in the recently updated chapter, Drugs and alcohol in the workplace.
https://www.employmentlawhandbook.com.au/chapters/drugs-and-alcohol-in-the-workplace/

17/06/2024

Q&A: Must you issue a confirmation letter when making a change to an employee’s reporting manager or work location? Find the answer in the Employment Law Handbook. https://www.employmentlawhandbook.com.au/question-and-answer/must-we-issue-a-letter-confirming-changes-to-an-employees-role/

14/06/2024

Whether you are a host employer or the original employer in a secondment arrangement, there are many obligations you need to meet and potential liabilities to be aware of. In the eBook Secondments – brought to you by the team behind the Employment Law Handbook – find out how secondments can be established, and the obligations and liabilities for both host and original employers. Get your copy today! https://shop.portnerpress.com.au/collections/employment-law/products/secondments

13/06/2024

BULLETIN: Having a properly drafted anti-discrimination policy is an important first step in managing your risk of becoming liable for the discriminatory acts of your workers. Find out what to include in your policy in the latest Workplace Bulletin.

Anti-discrimination legislation makes employers vicariously liable for the unlawful discriminatory acts of their employees and agents. The only way the employer can defend against this liability is if they can show they took all reasonable precautions to prevent the conduct. Having a properly drafte...

06/06/2024

BULLETIN: The Fair Work Commission Minimum Wage Panel has decided to increase the national minimum wage and all modern award minimum wage rates by 3.75%, effective from 1 July 2024.

The Fair Work Commission (FWC) Minimum Wage Panel has decided to increase the national minimum wage and all modern award minimum wage rates by 3.75%, effective from 1 July 2024. Employer groups were seeking a 2% increase, which they said would amount to 2.5% once the increase in

04/06/2024

CASE LAW: A business objected to a non-executive director’s general protections claim on the basis that he was a contractor rather than an employee. https://www.employmentlawhandbook.com.au/case-law/general-protections-claim-thrown-out-due-to-contractor-status/

30/05/2024

BULLETIN: The company behind one of Australia’s largest private hospitals succeeded in extending interim injunctions against a nursing union after it published and broadcast advertisements that were arguably in contravention of Australian Consumer Law.

The company behind one of Australia’s largest private hospitals succeeded in extending interim injunctions against a nursing union after it published and broadcast advertisements that were arguably in contravention of Australian Consumer Law (ACL), and of the union's good faith bargaining obligati...

28/05/2024

UPDATE: Your Employment Law Handbook is continually updated to keep it current as the laws change. The most recent chapters to receive updates are: Executive directors and officers, Long service leave, Restraints of trade and Study leave. Check them out! https://www.employmentlawhandbook.com.au

24/05/2024

Q&A: If a union representative is a support person at a disciplinary meeting, can they advise the employee not to answer and take over the answering of any questions? Find the answer in the Employment Law Handbook. https://www.employmentlawhandbook.com.au/question-and-answer/can-a-support-person-answer-questions-on-behalf-of-the-employee/