Archive for December, 2009

Pre-conditions to an Adjudicator’s Certification

Thursday, December 10th, 2009

 B J and S Paterson Pty Ltd (t/a Cooloola Civil Constructions) v Eleventh Trail Pty Ltd [2009] QDC 380   Eleventh Trail filed an application to stay the judgment entered pursuant to the registration of the adjudicator’s certificate. It later became clear their argument was that the adjudicator’s decision was void because the payment claim [...]

Flexible working arrangements

Wednesday, December 9th, 2009

Flexible working arrangements are not to be confused with Individual Flexible Agreements (“IFA’s”). I refer to my earlier posting in respect of National Employment Standards (“NES”), which commence 1 January 2010.     One of the standards is right of employees to flexibility in working arrangements to assist with the care of children.   See: Fair [...]

Individual Flexibility Agreements (“IFA’s”)

Wednesday, December 9th, 2009

I refer to my earlier posting in respect of the Legal Services Award 2010 and by way of example, refer to clause 7, which allows for matters which can be agreed to vary the award.   IFA’s can be used for the matters limited by clause 7 or the alike in other modern awards.   [...]

Phasing in pay rates under modern awards

Wednesday, December 9th, 2009

Modern awards commence from 1 January 2010 and contain a phasing in model. The phasing in model for existing employees applies from 1 July 2010 to the ‘transitional amount’, which is preserved as at 1 January 2010.   The phasing period is over 5 annual instalments of 20%.   See: Fair Work Online’s factsheet   [...]

Legal update: Employment contract changes in readiness for 1 January 2010

Wednesday, December 9th, 2009

Deacons From 1 January 2010, the Government’s safety net of minimum entitlements comprises two planks: National Employment Standards (NES) which are 10 legislated minimum conditions of employment.  These apply to all corporate employers as well as non-corporate employers in all territories and States (other than WA) who have referred powers. Modern awards – The AIRC [...]

PPS – draft bill released for comment

Tuesday, December 8th, 2009

I refer to my earlier postings in respect of the PPS reform and note the draft bill has been released for comment by 22 January 2010.   Brisbane Barrister – David Cormack

National OHS Bill introduced

Monday, December 7th, 2009

I refer to my earlier posting in respect of national OHS laws and note the Occupational Health and Safety and Other Legislation Amendment Bill 2009 (Cth) was introduced to the House on 26 November 2009.   Brisbane Barrister – David Cormack

Fair Work Information Statement

Monday, December 7th, 2009

From 1 January 2010, all employers covered by the national workplace relations system have an obligation to give each new employee a Fair Work Information Statement (the Statement) before, or as soon as possible after, the employee starts employment.   Read more at Fair Work Online

Legal Services Award 2010

Sunday, December 6th, 2009

The Australian Industrial Relations Commission pursuant to the award modernisation processes has published the Legal Services Award 2010.   The award applies to Queensland Law firms whether incorporated or not, given Queensland’s referral IR powers passed the Senate on 2 December 2009.   It applies to all clerical and administrative employees, including article clerks, law [...]

10-15% WRI’s restricting common law workers’ damages claims?

Friday, December 4th, 2009

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David Cormack, Barrister