Awards and Employee Entitlements

August 15, 2024

EMPLOYMENT UPDATE
Fair Work Commission rejects request to work entirely from home

This update examines the recent decision of the Fair Work Commission in Peter Ridings v Fedex Express Australia Pty Ltd T/A Fedex. Facts The employer (Fedex) operated part of its business through an office in Brisbane. The employee commenced employment with the employer in 2015 and worked from the employer’s Brisbane office. The employee initially […]

DELAY IN PAYING FINAL ENTITLEMENTS COSTS EMPLOYER $27K (200 x 200 px)

June 6, 2024

EMPLOYMENT UPDATE
Employers beware: Delay in paying final entitlements costs employer $27k

Awards and Employee Entitlements

This employment update examines a recent decision which confirmed the inherent danger in an employer delaying payment of final entitlements (such as untaken annual leave entitlements) to a departing employee whose employment is at an end. Employers are often tempted to withhold payment of final entitlements to ensure the safe return of company property after […]

Copy of 2023 Wage increase (200 x 200 px)

June 4, 2024

ALERT!
Minimum wage and superannuation

Awards and Employee Entitlements, Underpayment Claims

Minimum wage increase On Monday 3 June 2024, the Fair Work Commission has announced a 3.75% increase to minimum rates in modern awards, which takes effect from the first full pay period after 1 July 2024. For those employees who are not covered by a modern award or enterprise agreement, and are paid the National […]

March 26, 2024

EMPLOYMENT UPDATE
Hours reduction for casual employees amounts to dismissal

Awards and Employee Entitlements, General Protection, Termination of Employment

The recent Fair Work Commission decision of Tanasak Supsingcra v White Rabbit Kiaora Lane Pty Ltd demonstrates the risks faced by employers where they seek to punish a casual employee by reducing their hours. Facts The employer, ‘White Rabbit’, operate cafés in Sydney. The aggrieved employee, Mr Supsingcra, was engaged by White Rabbit on a […]

June 30, 2023

ALERT!
Minimum wage and superannuation increase

Awards and Employee Entitlements, Employment Contracts

Last month, the Fair Work Commission announced a 5.75% increase to the minimum rates in the modern awards, which takes effect from the first full pay period after 1 July 2023. For those employees who are not covered by a modern award or enterprise agreement, and are paid the National Minimum Wage, they will receive […]

May 25, 2023

ALERT!
Employers must notify employees of Zombie Agreement termination by 6 June 2023

Awards and Employee Entitlements, Enterprise Agreements

All employers who have employees covered by “Zombie Agreements” must give all affected employees written notice by 6 June 2023 about the automatic termination or ‘sunsetting’ of the Zombie Agreement. A failure to give the required written notice could result in a financial penalty being ordered by a Court. ‘Zombie Agreement’ is the general term […]

CHANGE TO HOW ROSTER EMPLOYEES TO WORK ON PUBLIC HOLIDAYS (200 × 200 px)

April 6, 2023

ALERT!
Employers must change how they roster employees to work on public holidays

Awards and Employee Entitlements, Employment Contracts

In a decision handed down last week, the Full Court of the Federal Court has found that BHP’s labour hire company contravened section 114 of the Fair Work Act 2009 (Cth) and the National Employment Standards (‘NES’) by requiring a group of employees to work on public holidays. The decision represents a significant departure from […]

End of daylight-saving time and a reminder to pay employees “by the clock” (200 × 200 px) (1)

March 31, 2023

ALERT!
End of daylight-saving time and a reminder to pay employees “by the clock”

Awards and Employee Entitlements

Clocks will go back one hour at 3:00am on Sunday 2 April 2023 for the ACT, New South Wales, South Australia, Tasmania, and Victoria. There will be no time change in the Northern Territory, Queensland, and Western Australia. Employers in states with daylight-saving time should be aware that payment for employees working at the time […]

February 8, 2023

ALERT!
Many employers to lose rights to direct employees to take unpaid leave during annual shutdowns

Awards and Employee Entitlements, Employment Contracts

From 1 May 2023, a significant number of employers in Australia will lose a current right, contained in many modern awards, to direct employees to take unpaid leave during shutdown periods when the employee has no accrued annual leave. The majority of employers have a shutdown period at least once a year, sometimes due to […]

January 31, 2023

EMPLOYMENT UPDATE
Navigating flexible work requests

Awards and Employee Entitlements, Employment Contracts

Two recent cases, the first before the Fair Work Commission (‘FWC’), and the second before Queensland Industrial Relations Commission (‘IR Commission’), provide two distinct examples of what employer should do, and what an employer should not do, in terms of assessing a flexible work arrangements request. Fyfe v Ambulance Victoria – Fair Work Commission Case […]

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