New model annualised wage clauses have been proposed for 19 modern awards covering industries including health, hospitality, mining, banking and legal services, as part of the Fair Work Commission’s (FWC) 4 yearly review of modern awards. The new clauses, initially drafted in February 2018, have been contested by employer groups, who claim they will impose […]
Victoria Police’s recent rejection of a detective’s request for flexible working arrangements was held to lack reasonable business grounds in a recent decision before the Fair Work Commission Full Bench (the FWCFB). The decision sheds light on the considerations employers must heed when faced with a flexible work request. The 57-year-old detective wished to “compress” […]
The precedent set by the WorkPac decision is that an employee labelled a casual worker may be entitled to annual leave under the Fair Work Act 2009 (Cth), if (among other things) the employment arrangements displayed a regular pattern of hours, continuous work and there was a firm advance commitment to such work. One significant […]
Two enterprise agreements have been deemed defective by the Full Federal Court (FFC) after Aldi referred to themselves as “leader” rather than “employer” in their bargaining Notice (Notice) to employees about their representational rights. The FFC upheld the Fair Work Commission’s (FWC) decision and rejected Aldi’s submission that the word change was a “trivial matter”. […]
Each workplace is unique. An effective workplace policy will ensure that its workplace policies and practices evolve with the organisation and its internal and external environment. That said, the reason for policies remains the same: to mitigate legal risks for the organisation and align its employees with the organisation’s expectations and procedures. For many human […]
Two recent decisions of the FWC have once again highlighted the importance of strict adherence to the requirements in FWC forms, particularly those pertaining to bargaining for and approval of an enterprise agreement (‘EA’). In Uniline Australia Limited [2016], the Full Bench declined to approve the EA on the basis of the deficient Notice of […]