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20Sep 2019

This week, the Government announced that it will seek to overturn a landmark Full Federal Court ruling in Mondelez v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2019] FCAFC 138 (“Decision”) regarding personal/carer’s leave. The Decision has created confusion and uncertainty about how to calculate the entitlement to personal/carer’s leave under the National Employment Standards […]

12Sep 2019

We have received a number of client queries in relation to EMA Note Issue 10, which summarised the implications of the Federal Court decision in Mondelez v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2019] FCAFC 138 (“Decision”) regarding personal/carer’s leave. The Decision was a significant shift from how many employers have interpreted the entitlement to […]

05Sep 2019

A recent Fair Work Commission decision has clarified that building and construction companies who do not run consecutive shifts may be liable to pay their civil construction workers overtime instead of shift work penalties. Background Atlus Traffic Pty Ltd recently applied for approval of the Atlus Traffic (NSW & ACT) Enterprise Agreement 2019 (“Agreement”),1 which (in its […]

04Sep 2019

Summary of Decision A majority decision of the Full Court of the Federal Court in Mondelez v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (“Mondelez v AMWU”) recently confirmed that the entitlement to personal/carer’s leave provided by the National Employment Standards is ten days, which cannot be averaged out to any number of hours based […]

19Aug 2019

Workplace investigations can be a difficult and time-consuming process and is an area where many organisations are needlessly exposed to risk. This Investigation and Disciplinary Management training course dispels the myths surrounding workplace investigations and managing employees whilst providing attendees with the skills and knowledge to manage day-to-day performance and behaviour issues with confidence. Benefits […]

06Aug 2019

Poorly conducted disciplinary meetings destroy relationships with employees and unnecessarily expose the organisation to legal risk. This training course ensures that managers are well equipped to handle the difficult conversations that arise during the disciplinary process. This program builds upon the knowledge gained from our full day Investigation and Disciplinary Management training program. Training for […]

24Jul 2019

Our Bullying and Harassment Awareness training course explores unsafe behaviours (workplace bullying, harassment and unreasonable behaviour) and in doing so ensures that attendees are fully aware of their obligation to behave in a manner that does not create a health and safety risk. Workplace bullying, harassment and unreasonable behaviour can have devastating consequences on victims, […]

12Jul 2019

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 […]

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