The Federal Court has provided some comfort to concerned employers regarding the scope of the new adverse action provisions in the Fair Work Act 2009 (Act). Read more of the article by Norton Rose. Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.

The Fair Work Act 2009 (the Act) introduced many changes to the law affecting employers and employees. The Act introduced a new system of Modern Awards, a new suite of universal minimum conditions of employment (the National Employment Standards) and a new regime for compulsory bargaining in good faith for the purpose of creating collective [...]

Barclay v The Board of Bendigo Regional Institute of TAFE [2010] FCA 284 The general protection provisions of the Fair Work Act 2009 (Cth) have been the subject of much discussion and conjecture, particularly with respect to the broadening of rights of employees. In the absence of case law, the extent to which the provisions [...]

In a decision with important implications for employers, the Full Bench of Fair Work Australia (FWA) recently confirmed that the use of set-off clauses in contracts of employment is not inconsistent with modern awards.1 Set-off clauses in employment contracts operate so that over-award earnings are set-off against specific requirements in an award. Prior to the [...]

Woolworths Limited v Shop Distributive & Allied Employees Association (Queensland Branch) Union of Employees [2010] FCAFC 29    The Full Federal Court dismissed Woolworth’s appeal and held “ordinary rate being paid” in the context of long service leave entitlement pursuant to a collective agreement; included additional rates for regular non-rotating afternoon shifts, regular non-rotating night [...]

17 March 2010 | by Kate Gibbs NEW and improved standards for graduate lawyers entering the work force may be good news for them, but insiders fear the new Legal Services Award means more pay, but less work. Read more in theNewLawyer and reproduced with permission.

16 March 2010 | by The New Lawyer  Middletons’ workplace relations and safety partner, Kathy Dalton, wipes away all misconceptions and shows what in-house counsel really do need to be aware of under the new rules  “A breach of award conditions can attract civil penalties of up to $33,000 for a corporate employer and individuals [...]

  The Full Bench of Fair Work Australia (FWA) has resolved confusion about dispute settlement clauses in enterprise agreements made under the Fair Work Act (FW Act) by overturning a previous decision that dispute clauses must contain access to arbitration. Read more of the article by Norton Rose. Reproduced with permission of Norton Rose in accordance [...]

Whittaker v Unisys Australia Pty Ltd [2010] VSC 9 (29 January 2010)    The plaintiff’s role was changed without his consent to one less in status and responsibility and another person was promoted to his position. The change in roles was ‘broadcasted’ via an email to other employees. Ross J considered at length the law [...]

Edge Legal As of 1 January 2010, national system employers are required to provide all new employees with a Fair Work Information Statement, either prior to the employee commencing employment or as soon as practical thereafter. Read more of the article by Rob Graham, Partner of Edge Legal. Reproduced with permission of Edge Legal in accordance with their [...]