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07May 2018

The Federal Circuit Court has recently issued a decision that may change your current multi-hiring practices. In March 2018, the Federal Circuit Court issued a decision which provided a useful analysis on the ability to multi-hire a single employee working in two different jobs under the same industrial instrument (such as an award or an […]

10Apr 2018

The Fair Work Commission released a statement on 21 March 2018 summarising a series of decisions made between December 2014 and June 2017 modifying the proposed award drafts in ways that will have a significant impact when the review is completed. This EMA Note summarises those decisions under the following headings: • Inconsistencies with the […]

04Apr 2018

These are EMA’s pick of the most interesting and relevant cases reported in the last month. Please note that these are summaries only, and should not be relied upon in place of the full judgment. If you would like clarification on any of the judgments, or wish to know how a particular case may apply […]

27Mar 2018

On 26 March 2018, the Fair Work Commission decided to amend awards to include unpaid Family and Domestic Violence Leave. It also proposed that new Family Friendly Working Arrangements should be included in awards.  Family and Domestic Violence Leave Hearings on the inclusion of Family and Domestic Violence Leave in modern awards have been occurring […]

15Feb 2018

Are you aware of the disclosable benefits obligations for employers and bargaining representatives during the enterprise bargaining process? From 29 January 2018, there is a new prescribed form for complying with the requirement for employers and bargaining representatives (including unions) to disclose financial benefits (“Disclosable Benefits”) that they will receive, or can reasonably be expected […]

13Feb 2018

These are EMA’s pick of the most interesting and relevant cases reported in the last month and over the holiday period. Please note that these are summaries only, and should not be relied upon in place of the full judgment. If you would like clarification on any of the judgments, or wish to know how […]

23Nov 2017

Casual employees covered by modern awards and who work a regular pattern of work will soon have rights to obtain a conversion to permanent part-time or full-time employment. As part of the current four-yearly review, the Fair Work Commission has decided that modern awards should include a casual conversion clause.1 The reasoning for the inclusion of […]

29Aug 2017

A recent Fair Work Commission decision provides a good example of how an investigation process can become unfocussed and consequently the employer’s decision-making is then flawed.   Good training and education will help employers to manage employees more effectively and to focus investigations on the relevant issues.   A Director of Nursing at an aged care […]

31Jul 2017

Should periods of authorised leave be counted toward “hours worked” when calculating whether overtime is payable? A recent Fair Work Commission decision confirms that it depends on the wording of the award or enterprise agreement, but there is no general principle that authorised leave counts as “time worked” for this purpose. In Transport Workers’ Union […]

10Jul 2017

Previously, most modern awards provided for trainee wages and conditions of employment in the ‘National Training Wage’ Schedule. These have recently been removed. If your organisation engages trainees, you may be wondering where to find your trainee wages and conditions. Full Bench Decision As part of the 4 yearly review of modern awards, the Full […]

24May 2017

Innovation, Thinking and Best Practice for Human Resources and Employment Relations. Managing employee performance and behaviour forms the foundation of an organisation’s compliance, effectiveness and culture. All organisations experience periods of much-needed culture change in order to achieve the results they need to grow, compete and win. Where do you start? Look at the behavior […]

03Apr 2017

Recent amendments to Schedule 2.1 of the Fair Work Regulations 2009 (Cth) (“Regulations”) will establish a new prescribed form for the ‘Notice of Employee Representational Rights’ (“NERR”) which must be issued in enterprise bargaining.1 If your organisation is about to commence a bargaining process on or after 3 April 2017, your NERR must comply with […]

24Mar 2017

When an employee takes Parental Leave under the National Employment Standards (“NES”), the Fair Work Act 2009 (Cth) (“Act”) has special rules for that leave if the employee is a member of an ‘employee couple’ who each intend to take leave. Many employers believe that these rules only apply if the couple is employed by […]

02Oct 2016

Christmas Day and New Year’s Day both fall on a Sunday this year. This means there will be some substitute and/or additional days recognised as public holidays. It also has implications for 26 December 2016 (Boxing/Proclamation Day) which falls on a Monday this year, What is a public holiday for the purpose of the NES? […]

07Sep 2016

In a recent decision,1 the Fair Work Commission (“FWC”) found that a Notice of Employee Representational Rights (“NERR”) issued outside the 14 day time frame rendered the resulting enterprise agreement invalid and unable to be approved. This decision is being appealed; however, in any event it is important for employers to be aware of the […]

21Jul 2016

Most modern awards have now been varied to include the new model terms for annual leave. The model terms were previously finalised in a decision of the FWC and provided for cashing out annual leave, leave in advance, annual leave payments and excessive leave. On 29 July 2016 the full bench of the Fair Work […]

20Jun 2016

The FWC confirmed that its anti-bullying jurisdiction is designed to protect employees from bullying behaviour, rather than to protect their feelings.  This does not mean an employer is obligation-free. Recent Decision In a stop bullying application, the employee claimed she was experiencing bullying behaviour by three of her co-workers who she claims teased her, made […]

10Jun 2016

On 31 May 2016, the Fair Work Commission (“FWC”) handed down its Annual Wage Review under the Fair Work Act 2009 (Cth) (“Act”).1   This increase is effective from the first full pay period on or after 1 July 2016 Increases to Modern Awards and Transitional Instruments The FWC has adopted a uniform percentage increase of […]

13May 2016

Australia Post recently announced changes to its postal service. These changes included an increase to the price of the basic postage rate, and three (3) new delivery speeds. These changes may create industrial relations risks to your business if not considered properly. Previously, the estimated delivery time for regular mail was around 1-2 business days. […]

26Jan 2016

EMA Consulting is pleased to announce the launch of the Buzz-ER website! What is Buzz-ER? As many clients of EMA Consulting are aware, Buzz-ER is Australia’s newest and most innovative online software designed specifically to assist employers to manage industrial relations and workplace safety issues. All Buzz-ER systems are continually updated according to the ever-changing […]