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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 […]