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ema note

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 […]

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 […]