How employers should respond to requests for flexible work arrangements under the Fair Work Act.
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Employers cannot assume that casual employees will be exempt from the protection of unfair dismissal laws.
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A recent case serves as a reminder that even if you have a written agreement in place with employees stating that they are casuals, this alone is not enough to support a casual employment relationship. If the employment is regular, certain and expected to be ongoing then they may be considered permanent employees.
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Any termination, if not handled carefully, could lead to constructive dismissal, unfair dismissal or unlawful termination claims.
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Under the Fair Work Act 2009 (Act) an employer is essentially prohibited from taking prejudicial action against an employee for a prohibited reason such as engaging in industrial (union) activity.
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Small business employers covered by the federal workplace relations system will benefit from two unfair dismissal changes.
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This information sheet provides the circumstances to which an employee can be found to have been unfairly dismissed. This also includes circumstances where the employee is forced to resign because of the employer's conduct.
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The federal minimum wage will increase to $569.90 per week and modern award rates will increase by $26 per week following an order made by Fair Work Australia today.
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From time to time the Fair Work Ombudsman may carry out campaigns that are targeted at particular industries to check for compliance with employment laws. Audits are conducted by Fair Work Inspectors and you will be asked to produce time and wage records.
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This information sheet sets out the employment records that a federal system employer needs to keep. These records must be legible, in English and readily accessible to a workplace inspector.
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From 1 January 2010 the Building and Construction General On-site Award (Modern Award) applies to all employers who are constitutional corporations (Pty Ltd companies) and to all employers in Victoria, the ACT and the Northern Territory who engage on-site construction workers.
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As of 1 January 2010 all employees, even managerial or non-award staff, are entitled to the benefit of ten minimum standards of employment, the National Employment Standards (NES). These entitlements are summarised in this information sheet.
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Federal system employers covered by modern awards or enterprise agreements now have access to Individual Flexibility Agreements (IFAs) that allow for variations to the instrument to meet the individual needs of employers and employees provided the employee covered by the IFA is “better off overall”.
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The new national award system begins on 1 January 2010. This guide tells you what modern awards are all about and summarises the new onsite building award
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