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Industrial Relations
Author                            Stuart Kollmorgen Introduction Parental leave pay at lower cost to the employer? Leave for Dads and Partners Do entitlements under your policies provide for fixed term employees? Replacement employees What should employers do? View all pages    View individual pages   Reproduced with permission of Norton Rose Fulbright in accordance with their legal notice and...
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Author      Stuart Kollmorgen Introduction What is an independent contractor? Results of WorkplacePulse survey Real risks What should organisations do to manage these risks View all pages Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.  
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Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 5) [2012] FCA 1144 The very public dispute between the CFMEU and others involving “stop the sham” (alleged sham independent contractors) at the building sites of the Law Courts Project and the Gold Coast University Hospital, has resulted...
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Sharma v Bibby Financial Services Australia Pty Ltd [2012] NSWSC 1157 The NSW Supreme Court has highlighted how critical it is for employers to ensure they conduct a proper investigation into allegations of unlawful conduct, that evidence is reliable, all relevant matters are considered and decisions are not predetermined. The decision also demonstrates that if...
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Timothy Graham v Bankstown District Sports Club Ltd [2012] FWA 7977 FWA has again recently highlighted the importance of conducting workplace training, stating that while policies and procedures are a good starting place for developing the right culture and workplace attitudes, they will prove useless unless supported by training that is effective in both content...
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Joss v Boral Bricks Pty Ltd [2012] FWA 8203 In a win highlighting the importance of workplace safety, FCB recently acted on behalf of Boral Bricks Pty Ltd and successfully defended an unfair dismissal proceeding arbitrated by FWA. The important lesson all employers can take away from this decision is how critical it is to...
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Barker v Commonwealth Bank of Australia [2012] FCA 942 In a decision which has caused some controversy and is on appeal, the Federal Court has found an implied term of mutual trust and confidence in a contract of employment and furthermore, is has resulted in damages for being breached. In so finding, Justice Besanko considered...
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Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32 (7 September 2012) In a much awaited decision, I refer you to the High Court summary wherein the court found the evidence of Dr Harvey, which had not been challenged, did not establish an adverse action for a prohibited reason....
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Pursuant to the Superannuation Guarantee (Administration) Amendment Act 2012 the following rates of compulsory contributions payable by employers will apply: [1] Period RATE     1 July 2012 9% 1 July 2013 9.25% 1 July 2014 9.5% 1 July 2015 10% 1 July 2016 10.5% 1 July 2017 11% 1 July 2018 11.5% 1 July...
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Public Service Association of South Australia Incorporated v Industrial Relations Commission of South Australia and Anor [2012] HCA 25 (11 July 2012) Further to previous postings regarding the decision in Kirk and in particular the excess or want of jurisdiction question, I refer to the judgment summary. Brisbane Barrister – David Cormack
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