Posts: Modern Awards

E-updates, blog articles, events, press articles and success stories about

Modern Awards

Casual Terms Award Review 2021

NEWS UPDATE

In March 2021, the casual employment amendments to the Fair Work Act 2009 (Cth) (FW Act) introduced a new statutory definition of “casual employee” and an entitlement to casual conversion as one of the National Employment Standards (NES).

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Workplace Relations Review

Cases and Legislation November 2020

The Federal Circuit Court of Australia has rejected an employee’s claim that she was discriminated against because of her pregnancy and potential pregnancy.

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SPECIAL EDITION E-UPDATE

ANNUAL WAGE REVIEW DECISION 2020

The Fair Work Commission’s Expert Panel announced on Friday 19 June 2020 the outcome of its annual review of the national minimum wage and minimum wages under the modern awards.

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COVID-19 and modern award variations

COVID-19 and modern award variations

In response to the impacts of the COVID-19 pandemic on businesses and employment across Australia, the Fair Work Commission (FWC) has already introduced (and proposes to further introduce) a range of temporary variations to modern awards to provide increased flexibility for employers and employees during this challenging time.

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Employers’ consultation obligations when implementing major workplace change

How was I supposed to know?

When an employer is required to make changes to the workplace which are likely to have significant effects on employees, the employer must ensure that it meets any consultation obligations which might apply under various laws and industrial instruments prior to implementing any redundancies that might arise.

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Workplace Relations Review

Cases and Legislation June 2019

Work Health & Safety, Employment Issues, Modern Awards, Discrimination & Harrassment

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Workplace Relations Review

Cases and Legislation May 2019

Employment Issues, Adverse Action & Unfair Dismissal, Industrial Issues

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Workplace Relations Review

Cases and Legislation March 2019

Modern Awards, employment issues, industrial issues, Bullying, Harassment and Discrimination, Work Health & Safety, Worker's compensation.

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Managing the new family and domestic violence leave entitlement

Handle with care

The introduction of family and domestic violence leave entitlements into modern awards and the Fair Work Act 2009 (Cth) (FW Act) last year was a significant development in Australian workplace relations.

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Workplace Relations Review - Special E-update February 2019

Casual Employees

What is Casual Employment? Recent developments, possible claims, action plan.

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What to expect and what to consider when relocating

A moving experience - Part 2

In this Part 2, we turn to the types of employment issues employers can expect to face during the process of relocating.

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What to expect and what to consider when relocating

A moving experience - Part 1

Down-sizing, upgrading, outgrowing and restructuring – change in the life-cycle of a business is inevitable and changes in size and operational needs often demand a relocation.

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Modern award basics for employers

Resistance is futile

One of the biggest challenges for Australian employers is navigating the often complex and confusing landscape of the modern awards.

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FWC finds title of “Director” not sufficient to defeat award coverage

Director delusion

It has often been the case that “managers” and senior officers of an enterprise will not be covered by a modern award or enterprise agreement.

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Outdated yoghurt agreement terminated by the FWC

Frozen in time

A teenage employee of a yoghurt shop has successfully applied to the Fair Work Commission (FWC) for the termination of a workplace collective agreement.

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Understanding the Modern Award system

Short changed?

Since the introduction of the modern award system in 2010 many employers have found it difficult to understand the complex requirements. In fact, the Fair Work Ombudsman reported that for the 2013-2014 financial year it recovered more than $23 million for 15,483 workers.

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Employee’s Failing to Give Notice

Time to say goodbye

You may have seen on the internet some daring employees who choose to provide their employer’s notice of their resignation by interpretative dance, song and even cake! Whilst there are many ways that an employee can notify their employer of notice – what happens in circumstances where an employee does not provide proper notice of their resignation?

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Modern award compliance failures also relevant in unfair dismissal proceedings

Valuable lesson for employers in relation to Modern Award compliance

A recent decision by Deputy President Bartel of the Fair Work Commission in Jaymon Hocking v Tackle World Adelaide Metro [2015] FWC 6519 (Hocking’s Case) provides yet another valuable lesson for employers in relation to Modern Award compliance.

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Overtime and reasonable additional hours

Working 9 to 5?

Employers are often left completely surprised when an employee makes a claim for overtime payments they claim to have worked over the course of their employment.

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If the BOOT doesn't fit

The ‘better off over all test’

In order for an Enterprise Agreement to be approved by the Fair Work Commission under the Fair Work Act 2009 (Cth) (FW Act), the proposed agreement must pass the ‘better off over all test’ (the BOOT).

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Putting the BOOT in – Coles Supermarkets

The 'better off overall test'

In Duncan Hart v Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Limited T/A Coles and Bi-Lo; the Coles Store Team Enterprise Agreement 2014-17 (the Coles Agreement) came under scrutiny. In particular, matters were raised as to whether or not the employees to be employed under the Coles Agreement were better off under the Coles Agreement or under the General Retail Industry Award 2010.

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Consultation and genuine redundancy

We don’t talk anymore...

The Fair Work Act 2009 (Cth) (FW Act) requires Enterprise Agreements to include a consultation clause obliging employers to consult with their employees about “major workplace change” or a change in regular rostering or ordinary hours of work.

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Casual conversion, prior service and the calculation of entitlements

Preaching to the converted

The Fair Work Commission (FWC) recently heard the final submissions of parties in the casual employment case arising out of the four yearly review of modern awards (the Review). Of particular interest to the parties at the hearing was the operation of casual conversion clauses and how they affect ‘service’ as it is defined in the Fair Work Act 2009 (Cth) (FW Act).

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FWC considers push for paid domestic violence leave

Domestic violence is an issue that employers are now increasingly being forced to manage

As part of the four yearly review of modern awards, the Fair Work Commission (FWC) is considering the proposal made by the union movement to insert a family and domestic violence leave (FDVL) clause into all modern awards.

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Employee given green light to pursue employer for underpayment

The fine print

The Western Australian Industrial Magistrates Court’s (the Court) decision in Simone Jade Stewart v Next Residential Pty Ltd [2016] WAIRC 00756 (16 September 2016) (Stewart’s Case) is a warning for employers to carefully review their current employment contracts, especially for award covered employees who are employed on an “annual salary” in accordance with an award term.

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FWC finds high income earner covered by modern award

And the award goes to...

Identifying correct Modern Award coverage and classification can be challenging at the best of times and getting it wrong can have serious consequences. It is well understood that misclassifying employees can impact on rates of pay and result in underpayment claims, but employers sometimes forget that employees who are paid well above modern award base rates of pay can still be covered by a modern award for other purposes, including protection from unfair dismissal.

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