RSSCategory: Employment Law

Jul

17

Employee or Independent Contractor

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The Fair Work Act 2009 (the “Act”) prohibits employers entering into agreements which are sham arrangements. Sham arrangements or sham contracting is where an employer tries to disguise an employment relationship as an independent contracting relationship. Such arrangements are often entered into for a variety of reasons including flexibility for the employer and the employee […]

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Jul

17

Award Modernisation

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Award Modernisation Award modernisation refers to the nationalisation and modification of the award (wage) based system in Australia. The effect of this was to reduce the number of awards that exist and operate in the workplace, but still cover all industries, with a “miscellaneous” modern award to cover certain employees who are not otherwise covered […]

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Jul

17

Enterprise Agreements

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Fair Work Act 2009 The Fair Work Act 2009 (FW Act) brought about some significant changes to blanket agreements. From 1 July 2009, all the existing various forms of collective agreements were replaced by the “enterprise agreement”.   Enterprise agreements An enterprise agreement is a registered instrument which sets out the terms and conditions of […]

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Jul

17

Unfair Dismissal Under the Fair Work Act 2009

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Unfair Dismissal Under The Fair Work Act Most of the provisions of the Fair Work Act 2009 (“the Act”), including the new unfair dismissal rules took effect on 1 July 2009. The remaining provisions, including the commencement of the new National Employment Standards and modernised awards commenced on 1 January 2010. Commencement of unfair dismissal […]

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Jul

17

All Non Public Queensland Employers Now Covered by the Fair Work Act

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The Fair Work (Commonwealth Powers) and Other Provisions Act 2009 (Qld) (“the Act”) was passed by the Queensland Parliament on 11 November 2009 and the provisions took effect on 1 January 2010. The Act refers the power to make laws in respect of all employers in Queensland from the Queensland Government to the Commonwealth Government, […]

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Jul

17

Adverse Action

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Adverse Actions and the Fair Work Act 2009 The Fair Work Act 2009 (“FWA”) has introduced the concept of an “adverse action” as an alternative remedy to unfair dismissal. Under the FWA employees and employers are entitled to bring an adverse action claim where a “workplace right” has been breached, or a breach is being threatened. There are […]

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Jun

26

Building and Construction Industry Payments Act

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Background and Overview On 1st October 2004, the Building & Construction Industry Payments Act 2004 (“BCIPA”) came into effect. The object of the Act is to ensure speedy recovery of progress payments for work carried out under a Construction Contract, or for related goods and services under a Construction Contract. The BCIPA will affect Construction Contracts […]

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Jun

26

Extreme Weather Conditions and Your Employees

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Extreme Weather Conditions and Your Employees The recent floods in Queensland and other areas have highlighted to many the importance of having clear and concise workplace policies dealing with extreme weather conditions, so as to prevent confusion as to who is entitled to what. The table below provides a helpful summary of an employer’s position […]

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Jun

26

Minimum Wage Increase

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Minimum Wage Increase Fair Work Australia has released its decision to increase the national minimum wage. From 1st July 2010 all modern award pay rates will increase by $26 per week. In addition, the casual loading rate for employees who are not covered by an award or agreement will increase from 20 percent to 21 percent. […]

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Jun

26

Unfair Dismissal Under the Fair Workers Act

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Unfair Dismissal under the Fair Work Act Most of the provisions of the Fair Work Act 2009 (“the Act”), including the new unfair dismissal rules will come into effect on 1 July 2009. The remaining provisions, including the commencement of the new National Employment Standards and modernised awards, will commence on 1 January 2010. Commencement […]

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