Fair Work Commission Updates on the Modern Awards 2020

There have recently been a number of determinations made by the Fair Work Commission which has led to changes to the Modern Award. These changes are set out in this article and are inclusive of the following: annual wage increases; and changes and amendments to the modern awards. Wage Increase In each financial year the … Continued

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NSW Design and Building Practitioners Act 2019 (“The Act”)

15 July 2020

The legislation is aimed at restoring the public’s confidence in residential apartment buildings in NSW after the Opal/Mascot Towers debacles. This Bill was withdrawn in November 2019, however, a Report of the Legislative Council Public Accountability Committee into Regulation of Building Standards, Building Quality and Building Disputes, published on 30 April 2020 called for the … Continued

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Application to vary an Enterprise Agreement during the COVID-19 Pandemic

19 June 2020

On 21 April 2020, CTI Lawyers published an article advising on the Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020.  A copy of that article can be accessed here. The effect of the amendment was that it temporarily shortened the access period for a proposed variation of an enterprise agreement from seven days to … Continued

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Casual Employees and the Entitlement to Paid Annual Leave and Personal Leave

10 June 2020

In the recent Full Federal Court case Workpac Pty Ltd v Rossato [2020] FCAFC 84, the Court considered the characterisation of employment and upheld the view that casual employees, who have the characteristics of permanent employees, are entitled to paid leave entitlements even if they are in receipt of a casual loading. The effect of this … Continued

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Guidelines on Industrial Relations Issues for Employers Engaging Electrical Workers

3 June 2020

CTI Lawyers recently created guidelines on industrial relations issues for employers engaging electrical workers. The guidelines outline how employers should deal with: Redundancy; Stand down generally; JobKeeper Enabling Stand Down Direction; Annual Leave and Rostered Day off Generally; Annual Leave and Rostered Day off while on JobKeeper; and Reducing Hours of Work. For more information … Continued

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Further Updates on Stand Down Under the Fair Work Act and JobKeeper

Under the Fair Work Act 2009, (FW Act) there is specific criteria that needs to be met before an employer can stand down its employees. Further to our previous update on Standing Employees Down, below is further update on stand downs under s524 of the Fair Work Act 2009 (Cth) as well as JobKeeper enabling stand down directions. … Continued

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JobKeeper Stimulus Package Summary

24 April 2020

The JobKeeper subsidy has been designed to support businesses that have been significantly affected by COVID-19 and to ensure that more Australians maintain employment. An eligible employee will receive $1,500 a fortnight from 30 March 2020 until 27 September 2020. Both the employer and employee need to satisfy eligibility criteria throughout the period to receive … Continued

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Application to vary an Enterprise Agreement during the COVID-19 Pandemic

In response to the COVID-19 pandemic, the Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020 has shortened the access period for a proposed variation of an enterprise agreement from the usual 7 days to 1 day. This means that the period that employees must have access to a copy of the proposed variation of an enterprise … Continued

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Amendments to the Fair Work Act – JobKeeper Subsidy

The Fair Work Act 2009 (Cth) (FW Act) has been amended to assist employers, who qualify for the JobKeeper subsidy, in dealing with the impact of COVID-19. These amendments only apply to employers eligible for the JobKeeper subsidy. These are temporary measures to assist employees in keeping jobs during the economic downturn and work restrictions as a … Continued

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Important Contractual Issues to be Aware of in this Changing Coronavirus Landscape

8 April 2020

The impact of the Coronavirus pandemic can have severe financial consequences if your construction contract risks are not properly managed. Liquidated damages, increases in the price of labour (due to inefficiencies caused by social distancing and now having to work 7 days a week in some cases), increased costs for materials or equipment used or ordered … Continued

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Whistleblower Policy – Does Your Company Need to Put One in Place?

28 February 2020

A whistleblower is an individual who comes forward and shares his/her knowledge on any wrongdoing which he/she thinks is happening in the whole organisation or in a specific division/department. The following categories of persons may be whistleblowers: an officer or employee (e.g. current and former employees who are permanent, part-time, fixed-term or temporary, interns, secondees, … Continued

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Significant Changes for Employers using Annualised Salary Arrangements

26 February 2020

The Fair Work Commission has made changes to the annualised salary provisions in a number of Modern Awards, which will substantially affect the way that annualised salary arrangements are administered by employers. These changes came into effect on 1 March 2020 and all employers using annualised salary arrangement must ensure that their arrangements are compliant. These … Continued

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