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13Nov 2019

This is 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 […]

07Nov 2019

Recent changes to the Corporations Act 2001(Cth) enhance the protections available to whistleblowers and require some organisations to have a compliant whistleblowing policy in place by 1 January 2020.  The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 amended the Corporations Act 2001(Cth) (“Corporations Act”) to enhance the protections available to eligible whistleblowers and increase the obligations and penalties […]

02Oct 2019

Award Update: New annualised salary clauses A recent Fair Work Commission decision requires employers to make significant procedural changes to comply with new annualised salary provisions within affected modern awards. Modern Awards: Introduction of model annualised salary clauses The Fair Work Commission (“FWC”) has recently issued a decision that affects all modern awards containing annualised […]

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 […]

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