Fair Work Commission confirms employers must consult with employees before deciding to make them redundant

A recent decision of the Fair Work Commission, Mr Peter Gourdeas v Heyday 5 Pty Ltd[1] has confirmed that an employer must consult with ‘affected employees’ as required by an enterprise agreement or award that is binding on the employees and employer.   Under the Electrical,  Electronic and Communications Contracting Award 2020 (the Electrical Contracting [...]

Changes to Overtime Calculations for Casual Employees affective from 20 November, 2020

From 20 November 2020, employers are now required to apply the compounding approach when calculating the pay of their casual employees who work overtime. This means that the employee is required to pay time and a half, double time and double time and a half on the rate that is inclusive of the casual loading. [...]

Extension of Schedule I under the Clerks – Private Sector Award 2020

On 30 September, the Fair Work Commission extended the operation of Schedule I in the Clerks Private Sector Award until 30 November 2020. Schedule I contains various provisions aimed at preserving the business viability during the COVID-19 pandemic. For administrative employees covered by this Award, subject to meeting all of the requirements in Schedule I, [...]

Fair Work Flexibilities – Legacy Employers

The Covid-19 pandemic has had drastic impacts on the Australian economy. The Australian Federal Government has implemented schemes such as JobKeeper in response to preserve the employer-employee relationship and keep businesses and employees in work.   The second phase of the JobKeeper scheme begins from 28 September 2020. It allows legacy employers who were previously [...]

Further Changes to Award Flexibility during the COVID-19 Pandemic

On 1 April 2020, NECA Legal published an article advising of the temporary amendments to the Clerks- Private Sector Award (Award).  A copy of that article can be accessed here. The effect of the amendment was that it temporarily included a new schedule to the Award, Schedule I – Award Flexibility During the COVID-19 Pandemic, which would operate until 30 June [...]

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 [...]

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

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 [...]

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. [...]

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 [...]

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 [...]

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