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ema note

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 […]

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 […]

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 […]