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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 […]

02Oct 2016

Christmas Day and New Year’s Day both fall on a Sunday this year. This means there will be some substitute and/or additional days recognised as public holidays. It also has implications for 26 December 2016 (Boxing/Proclamation Day) which falls on a Monday this year, What is a public holiday for the purpose of the NES? […]

07Sep 2016

In a recent decision,1 the Fair Work Commission (“FWC”) found that a Notice of Employee Representational Rights (“NERR”) issued outside the 14 day time frame rendered the resulting enterprise agreement invalid and unable to be approved. This decision is being appealed; however, in any event it is important for employers to be aware of the […]

21Jul 2016

Most modern awards have now been varied to include the new model terms for annual leave. The model terms were previously finalised in a decision of the FWC and provided for cashing out annual leave, leave in advance, annual leave payments and excessive leave. On 29 July 2016 the full bench of the Fair Work […]

20Jun 2016

The FWC confirmed that its anti-bullying jurisdiction is designed to protect employees from bullying behaviour, rather than to protect their feelings.  This does not mean an employer is obligation-free. Recent Decision In a stop bullying application, the employee claimed she was experiencing bullying behaviour by three of her co-workers who she claims teased her, made […]

10Jun 2016

On 31 May 2016, the Fair Work Commission (“FWC”) handed down its Annual Wage Review under the Fair Work Act 2009 (Cth) (“Act”).1   This increase is effective from the first full pay period on or after 1 July 2016 Increases to Modern Awards and Transitional Instruments The FWC has adopted a uniform percentage increase of […]