Contract of Employment

February 27, 2020

ALERT!
Important changes to award annualised wage provisions take effect on 1 March 2020

Awards and Employee Entitlements Contract of Employment

The Fair Work Commission’s changes to the annualised wage provisions in 18 awards take effect from 1 March 2020. The changes will also be made to a further 4 awards on a date yet to be determined. These provisions typically replace what had been referred to previously in the Awards as annualised salary arrangements, but […]

November 14, 2018

EMPLOYMENT UPDATE
New International OHS Standard Published and Federal Court to Consider ‘CASUAL LEAVE’ Issue Again

Awards and Employee Entitlements, Policies and Procedures, Workplace Health & Safety Adverse Action, Bullying, Contract of Employment, Discrimination, Dismissal, Employee Entitlements, Employer fined, Employment Contract, Employment Law, Fair Work Act 2009, Fair Work Ombudsman, Workplace Hazards, Workplace Injury, Workplace Policies, Workplace Safety

This month we look at the new international OHS standard published by Standards Australia. We also discuss the current ‘casual leave’ issue that is set to be considered again by the Federal Court, with a number of parties intervening in a new case brought by Workpac. New OHS standard published The world’s first international OHS […]

October 28, 2016

HR Manager’s conduct results in summary dismissal

Archive Contract of Employment, Misconduct

This is an interesting and instructive decision of the Fair Work Commission. In this matter the Commission has upheld the summary dismissal of a HR Manager, otherwise highly regarded by the Employer, following an interesting series of events in the workplace. Background The HR Manager (‘Applicant’), who also held additional roles in the business, had […]

October 18, 2014

Construction company faces fines and compensation order after attempted sham arrangement

Archive Contract of Employment, Fair Work Act 2009, Independent Contractor, Sham Contracting, Sub-contractor

A construction company and its director face a compensation order and the imposition of civil penalties following a recent Federal Circuit Court decision. Facts In November 2010, the Director of the Company advertised for expressions of interest for the position of excavator operator. The worker, who was appropriately qualified, responded to the advertisement. The worker […]

September 15, 2014

High Court Rules: No implied term of mutual trust and confidence

Archive Contract of Employment, Redeployment, Redundancy

The High Court of Australia has overturned the Full Court of the Federal Court of Australia find that there is no implied duty of trust and confidence in Australian employment contracts. A recap on the facts Mr Barker had been employed with CBA for approximately 28 years. During this time he had risen to the […]

July 24, 2014

Urgent action required to enforce restraint

Archive Contract of Employment, enforce restraint, Restraint Clause

In a NSW Supreme Court decision, Fairfax applied for an injunction to restrain a former employee from working for Yahoo!7. The employee commenced with Fairfax in 2009. In October 2011, he was promoted and subsequently signed another contract with Fairfax. The contract contained a restraint clause that restrained the employee from working for a competitor […]

Contract of Employment

ALERT!Important changes to award annualised wage provisions take effect on 1 March 2020

ALERT!

Important changes to award annualised wage provisions take effect on 1 March 2020

EMPLOYMENT UPDATENew International OHS Standard Published and Federal Court to Consider ‘CASUAL LEAVE’ Issue Again

EMPLOYMENT UPDATE

New International OHS Standard Published and Federal Court to Consider ‘CASUAL LEAVE’ Issue Again