Posts: Modern Awards

Amendments to the Fair Work Act 2009 (Cth) (FW Act) introduced by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth), required modern awards to include a term that provides for the exercise of the rights of workplace delegates. Amendments to the Fair Work Act 2009 (Cth) introduced by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth), required modern awards to include a term that provides for the exercise of the rights of workplace delegates.

The Fair Work Commission’s Expert Panel announced on Monday, 3 June 2024 the outcome of its annual review of the national minimum wage and minimum wages under the modern awards.

The Full Bench of the Fair Work Commission has determined that it is appropriate to vary the Professional Employees Award 2020 to better deal with the hours of work and overtime as well as clarify the coverage for employees.

In April 2020, the Fair Work Commission introduced temporary measures in modern awards in response to the need to provide employers and employees flexibility in the context of the COVID-19 pandemic and lockdowns.

The Fair Work Commission’s Expert Panel has announced the outcome of its annual review of the national minimum wage and minimum wages under modern awards.

The Fair Work Commission has continued its review of annualised wage arrangements in modern awards.

In March 2021, the casual employment amendments to the Fair Work Act 2009 (Cth) (FW Act) introduced a new statutory definition of “casual employee” and an entitlement to casual conversion as one of the National Employment Standards (NES).

The Federal Circuit Court of Australia has rejected an employee’s claim that she was discriminated against because of her pregnancy and potential pregnancy.

The Fair Work Commission’s Expert Panel announced on Friday 19 June 2020 the outcome of its annual review of the national minimum wage and minimum wages under the modern awards.

In response to the impacts of the COVID-19 pandemic on businesses and employment across Australia, the Fair Work Commission (FWC) has already introduced (and proposes to further introduce) a range of temporary variations to modern awards to provide increased flexibility for employers and employees during this challenging time.

When an employer is required to make changes to the workplace which are likely to have significant effects on employees, the employer must ensure that it meets any consultation obligations which might apply under various laws and industrial instruments prior to implementing any redundancies that might arise.

Work Health & Safety, Employment Issues, Modern Awards, Discrimination & Harrassment

Employment Issues, Adverse Action & Unfair Dismissal, Industrial Issues

Modern Awards, employment issues, industrial issues, Bullying, Harassment and Discrimination, Work Health & Safety, Worker's compensation.

The introduction of family and domestic violence leave entitlements into modern awards and the Fair Work Act 2009 (Cth) (FW Act) last year was a significant development in Australian workplace relations.

What is Casual Employment? Recent developments, possible claims, action plan.

In this Part 2, we turn to the types of employment issues employers can expect to face during the process of relocating.

Down-sizing, upgrading, outgrowing and restructuring – change in the life-cycle of a business is inevitable and changes in size and operational needs often demand a relocation.

One of the biggest challenges for Australian employers is navigating the often complex and confusing landscape of the modern awards.

It has often been the case that “managers” and senior officers of an enterprise will not be covered by a modern award or enterprise agreement.

A teenage employee of a yoghurt shop has successfully applied to the Fair Work Commission (FWC) for the termination of a workplace collective agreement.

Since the introduction of the modern award system in 2010 many employers have found it difficult to understand the complex requirements. In fact, the Fair Work Ombudsman reported that for the 2013-2014 financial year it recovered more than $23 million for 15,483 workers.

You may have seen on the internet some daring employees who choose to provide their employer’s notice of their resignation by interpretative dance, song and even cake! Whilst there are many ways that an employee can notify their employer of notice – what happens in circumstances where an employee does not provide proper notice of their resignation?

A recent decision by Deputy President Bartel of the Fair Work Commission in Jaymon Hocking v Tackle World Adelaide Metro [2015] FWC 6519 (Hocking’s Case) provides yet another valuable lesson for employers in relation to Modern Award compliance.

Employers are often left completely surprised when an employee makes a claim for overtime payments they claim to have worked over the course of their employment.

In order for an Enterprise Agreement to be approved by the Fair Work Commission under the Fair Work Act 2009 (Cth) (FW Act), the proposed agreement must pass the ‘better off over all test’ (the BOOT).

In Duncan Hart v Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Limited T/A Coles and Bi-Lo; the Coles Store Team Enterprise Agreement 2014-17 (the Coles Agreement) came under scrutiny. In particular, matters were raised as to whether or not the employees to be employed under the Coles Agreement were better off under the Coles Agreement or under the General Retail Industry Award 2010.

The Fair Work Act 2009 (Cth) (FW Act) requires Enterprise Agreements to include a consultation clause obliging employers to consult with their employees about “major workplace change” or a change in regular rostering or ordinary hours of work.

The Fair Work Commission (FWC) recently heard the final submissions of parties in the casual employment case arising out of the four yearly review of modern awards (the Review). Of particular interest to the parties at the hearing was the operation of casual conversion clauses and how they affect ‘service’ as it is defined in the Fair Work Act 2009 (Cth) (FW Act).

As part of the four yearly review of modern awards, the Fair Work Commission (FWC) is considering the proposal made by the union movement to insert a family and domestic violence leave (FDVL) clause into all modern awards.

The Western Australian Industrial Magistrates Court’s (the Court) decision in Simone Jade Stewart v Next Residential Pty Ltd [2016] WAIRC 00756 (16 September 2016) (Stewart’s Case) is a warning for employers to carefully review their current employment contracts, especially for award covered employees who are employed on an “annual salary” in accordance with an award term.

Identifying correct Modern Award coverage and classification can be challenging at the best of times and getting it wrong can have serious consequences. It is well understood that misclassifying employees can impact on rates of pay and result in underpayment claims, but employers sometimes forget that employees who are paid well above modern award base rates of pay can still be covered by a modern award for other purposes, including protection from unfair dismissal.