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Employer Liability Issues Australia Fair Work Commission

K&L Gates LLP

Loopholes Laws Open for Business: Are You Ready for 26 August 2024?

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Yet more changes are ahead for employers as key elements of the Federal Labor Government's Fair Work Legislation Amendment (Closing the Loopholes No 2) Act 2024 (the Act) take effect on 26 August 2024....more

K&L Gates LLP

Workplace Reform Rolls on… Again

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The Federal Labor Government (Government) has completed its third tranche of workplace relations reform with the recent passage through Federal Parliament of its Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill...more

Seyfarth Shaw LLP

Closing Loopholes just keeps getting better and better

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It is worth noting that under the original timetable of the Hon Tony Burke MP for the Closing Loopholes Bill, it would have been passed as law this week....more

Seyfarth Shaw LLP

Multi-employer bargaining under “Secure Jobs, Better Pay” – 10 implications for employers

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Across a range of disciplines, the Fair Work Amendment (Secure Jobs, Better Pay) Act 2022 will bring a paradigm shift. Indeed, on our count, there are thirteen new civil penalty laws aimed at employers arising from new...more

Seyfarth Shaw LLP

The end of enterprise bargaining

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In our previous blog on the Secure Jobs, Better Pay Bill, Darren Perry explained that the Bill would change the workplace landscape if passed. Why that is, we will explore here....more

BCLP

COVID-19 Vaccination and related employment law issues

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With the gradual lessening of locally acquired cases of COVID-19, on 28 April 2021, the Government announced measures to relax restrictions in respect of the operation of restaurants and other premises. While catering...more

K&L Gates LLP

It's Time-Sheet O'clock - Don't be Alarmed

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On 1 March 2020, almost every business in Australia woke up and realised that the deadline for the Fair Work Commission's (FWC) new annualised wage provisions had passed, and many were convinced that they need to change the...more

K&L Gates LLP

Recapping the Modern Award Review: What is Happening Now?

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A lot has happened since the Fair Work Commission (FWC) commenced its review of modern awards in 2014. Now, 6 years later, the FWC is close to completing the mammoth task of reviewing the operation of each modern award and...more

K&L Gates LLP

New Model Flexible Working Term for all Modern Awards

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From 1 December 2018, all modern awards will include a model term for requests for flexible working arrangements. The decision - On 20 November 2018 a Full Bench of the Fair Work Commission published a decision finalising a...more

K&L Gates LLP

New Unpaid Family and Domestic Violence Leave Entitlements Introduced

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Employees covered by an industry or occupation award are now entitled to five days of unpaid leave each year, following a recent review of modern awards by the Fair Work Commission....more

Jones Day

Monthly Update—Australian Labour & Employment - December 2017/January 2018

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MESSAGE FROM THE EDITOR - In this edition of the Update, we report on the exposure draft of the Treasury Laws Amendment (Taxation and Superannuation Guarantee Integrity Measures) Bill 2018. We then consider a decision of...more

K&L Gates LLP

Uber and Out… Gig is Up for Digital Worker

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On 21 December 2017, Deputy President Val Gostencnik of the Fair Work Commission issued a decision in the matter of Michail Kaseris v Rasier Pacific V.O.F., an unfair dismissal application in which the jurisdiction of the...more

Jones Day

Monthly Update - Australian Labour & Employment - November 2017

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MESSAGE FROM THE EDITOR - In this edition of the Update, we report on Woolworths' commitment to identify and address human rights risks in its Australian supply chains. We then discuss a class action expected to be lodged...more

K&L Gates LLP

Maxed Out: Unfair Dismissal Claims Recognised for Fixed Term Employees

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A recent decision of the Full Bench of the Fair Work Commission delivered last Friday has substantially changed the unfair dismissal landscape and the law governing fixed and maximum term contracts of employment, putting...more

K&L Gates LLP

Termination – The Bargaining Tool of Choice?

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Employers are finding it harder to successfully negotiate changes to long term (and often expensive) benefits provided by enterprise agreements. In situations where economic circumstances dictate a need to reduce labour...more

K&L Gates LLP

How the Fair Work Commission Assesses your Agreements (And Why it's So Complex)

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In a decision handed down last week, the Fair Work Commission (FWC) has given (perhaps unintended) insight into the ever more complex process of getting an Enterprise Agreement approved. Enterprise Agreements will continue...more

K&L Gates LLP

If it Feels Harder to Get Your Enterprise Agreement Approved by the Fair Work Commission, That's Because it is...

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Over the last 12 months, we have assisted many clients with the negotiation, lodgment and approval of enterprise agreements made under the Fair Work Act 2009 (Cth) (FW Act). Anecdotally, it appeared to us that employers were...more

K&L Gates LLP

What Do You Do When You're Paying Your Employees Too Much?

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What does an employer do when it decides that it cannot afford to continue to employ an employee at his or her current remuneration? A recent case of the Fair Work Commission has determined that these circumstances do not...more

K&L Gates LLP

Fair Work Calls Time on Penalties

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The Full Bench of the Fair Work Commission has handed down its decision on weekend and public holiday penalty rates in the Hospitality and Retail industries. This is a significant change for employers in only these two...more

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Beyond the Job Description – the Importance of Determining the Inherent Requirements of a Job

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Returning an injured employee to the workforce can be a slow and sometimes costly process. Employers need to manage their obligation to provide all employees with a safe place to work with the need to ensure work commitments...more

K&L Gates LLP

When Dad is Left Holding the Baby…

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The employment leave entitlement of a mother who has undergone birth by way of caesarean section is clear – but for fathers who are left holding the baby, it is often less clear cut. The Fair Work Commission (Commission) has...more

K&L Gates LLP

Fair Work Commission Dismisses Unfair Dismissal Claim Involving False Bullying Allegations

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In handing down its recent decision in Hunter v The Commonwealth of Australia, represented by the Department of Sustainability, Environment, Water Population and Communities [2013] FWC 7917 (Hunter v Commonwealth), the Fair...more

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