Exemption clauses removed from Clerks and Banking modern awards - will you comply? - 17 November 2009
Yesterday, in a critical decision which will affect many thousands of employers and employees, a Full Bench of the Australian Industrial Relations Commission decided to remove the “exemption clauses” in the modern Banking, Finance and Insurance Award 2010 and the Clerks - Private Sector Award 2010. They have been replaced with a clause permitting payment of an annualised salary.
Workplace and Employee Relations Update November 2009
Workplace (e)ssentials November 2009
Regulator - October 2009
Mallesons’ Regulator Newsletter offers perspectives on current regulatory issues from the Market Regulation team.
Productivity Commission releases recommendations on executive remuneration - 30 September 2009
The Productivity Commission has released its draft discussion report on executive remuneration for public consultation. The report proposes reforms to the Corporations Act, the ASX Listing Rules and corporate governance standards to improve the accountability of boards, remove conflicts of interest and enhance shareholder engagement on executive remuneration.
Executive termination benefit laws delayed in senate - 18 September 2009
The Government’s proposed reforms to laws regulating executive termination benefits have been delayed in the Senate. This means the earliest the laws can be passed is when Parliament resumes on 17 October 2009.
Workplace and Employee Relations Update September 2009
Workplace (e)ssentials - September 2009
Regulator - 2nd edition - 14 August 2009
Workplace (e)ssentials August 2009
Workplace (e)ssentials July 2009
Regulator - 2 July 2009
Mallesons’ Regulator Newsletter offers perspectives on current regulatory issues from the Market Regulation team.
Workplace and Employee Relations Update June 2009
Government introduces executive termination payment laws into Parliament - 24 June 2009
The Government has introduced its new laws regulating executive termination payments into Parliament. The Corporations Amendment (Improving Accountability on Termination Payments) Bill 2009 retains the key changes proposed in the Exposure Draft of the Bill released in May 2009 but does contain some important differences.
Workplace (e)ssentials - June 2009
Government introduces paid parental leave scheme - 13 May 2009
The Government has now released further details of its paid parental leave scheme which will commence on 1 January 2011.
Government releases new laws to limit executive termination benefits - 5 May 2009
The Government has now released a draft of its new laws regulating executive termination payments. Under these new laws, termination benefits for directors and certain senior executive employees exceeding one year’s average base salary will require shareholder approval.
Workplace (e)ssentials - May 2009
Executive remuneration - tighter regulation moves a step closer - 8 April 2009
The Productivity Commission yesterday released its issues paper regarding the review into Executive Remuneration in Australia previously announced by the Rudd Government. The release of the issues paper now gives corporations and their advisers the opportunity to contribute to what will no doubt be an extensive debate on the best regulatory framework for executive remuneration in Australia.
Workplace and Employee Relations Update - April 2009
Workplace (e)ssentials - April 2009
The new industrial relations system - top 10 transitional tips - 20 March 2009
On 19 March 2009, the Federal Government introduced into Parliament the Fair Work (Transitional Provisions and Consequential Amendments) Bill 2009, which clarifies how employers and employees will transition from the existing Workplace Relations Act 1996 (WR Act) into the new Fair Work system.
Business response to government intervention in golden handshakes - one to watch - 19 March 2009
The issue of executive remuneration is the subject of intense public debate and the reforms announced yesterday by the Rudd Government aimed at curbing “golden handshakes” are the first steps of government intervention to override the free market. It will be interesting to see the response of the business community to what is a populist measure.
Workplace (e)ssentials - March 2009
Executive Remuneration: Guidelines and Developments - 19 February 2009
On 17 February 2009, US President Barack Obama enacted the American Recovery and Reinvestment Act, which restricts executive remuneration for companies in receipt of funds from the Administration’s Troubled Assets Relief Program.
In Australia, no similar changes have yet been announced. However, Prime Minister Kevin Rudd has suggested that he may consider tighter regulations in Australia.
Panel releases further details of proposed national OHS laws
The Panel conducting the review into the harmonisation of occupational health and safety (OHS) laws has released its final recommendations regarding model national OHS legislation.
Workplace (e)ssentials - February 2009
New super guarantee draft ruling: Can overtime be "ordinary time earnings"?
The ATO has released a Draft Superannuation Guarantee Ruling (SGR 2008/D2) explaining the meaning of the terms “ordinary time earnings” and “salary or wages”. The ATO says that overtime and paid parental leave can both be included in an employee’s ordinary time earnings. Both views represent significant departures from the existing ruling and are likely to increase minimum superannuation contributions for many employers who have relied on the ruling.
Workplace (e)ssentials December 2008
The tide turns: What you need to know about the Fair Work Bill - 27 November 2008
On Tuesday 25 November, the Federal Government introduced into the House of Representatives a Bill to replace Australia’s current workplace relations legislation. The Fair Work Bill contains Labor’s substantive changes to the law as it stood under WorkChoices. If passed, it will replace the Workplace Relations Act 1996 (Cth) (“WR Act”), which will be repealed.
Government releases consultation paper on superannuation clearing house & lost members - 14 November 2008
Today the Minister for Superannuation and Corporate Law released a two-part consultation paper entitled Superannuation Clearing House and the Lost Members Framework. The issues canvassed in the paper are far-reaching and will be relevant to employers, superannuation trustees, administrators and custodians.
Julia Gillard talks up IR Reforms - 14 November 2008
Julia Gillard has announced further details of the government’s industrial relations reforms in a speech to the Australian Labour Law Association this afternoon.
Workplace and Employee Relations Law Update - November 2008
Panel releases details of proposed national OHS laws - 7 November 2008
The panel conducting the review into the harmonisation of Occupational Health and Safety laws has released its first report. This report proposes significant changes to current state OHS laws including substantial increases in penalties.
Workplace (e)ssentials November 2008
Dismissal unfair despite valid reason / Outsourcing did not result in transmission of business / Employee’s dishonesty justified dismissal / Other items of interest
Worksafe Blitz in Victoria - are you ready? - 5 November 2008
Worksafe Victoria has begun conducting a 'blitz' on manual handling across the State. The campaign, which commenced on 1 November, will involve snap inspections across all sectors, targeting musculoskeletal disorder (MSD) injuries.
Workplace (e)ssentials - October 2008
Can an employer enforce restraints during gardening leave? / Commission’s power to vary pre-WorkChoices agreements / Six months’ pay awarded for unfair dismissal in lieu of reinstatement / Other items of interest
Government releases further details of IR reforms - 17 September 2008
The Government has released more details of its industrial relations reforms in a speech made by Julia Gillard to the National Press Club earlier today. While most of this was not new, there were a few surprises.
Second stage of award modernisation process commences - 3 September 2008
The second stage of the Government’s award modernisation process has commenced today with the Australian Industrial Relations Commission announcing further industries to be reviewed.
Workplace (e)ssentials - September 2008
Court finds independent contractor agreement unfair, and orders variation/Employee under investigation validly resigned and cannot claim unfair dismissal/Demotion for poor literacy constituted indirect racial discrimination/ Carer guidelines and privacy reforms
Workplace and Employee Relations Update - August 2008
Workplace (e)ssentials - August 2008
Dismissal for racial slurs not harsh, unjust or unreasonable / Court fines employee for failing to provide sufficient notice / Increase in federal minimum wage rates - effective from October 2008.
Workplace (e)ssentials - July 2008
Employee restrained from using confidential information / The New South Wales Supreme Court has granted an interlocutory injunction restraining a former employee from using documents obtained while working for his former employer.
Government releases new national employment standards - 20 June 2008
The Rudd Government has now released the final form of the proposed National Employment Standards (NES). The NES will guarantee minimum terms of employment for all employees covered by the Federal workplace relations system as of 1 January 2010.
Workplace (e)ssentials - June 2008
Penalty for employer’s refusal to allow employee on parental leave to return to work / The Federal Court has upheld a decision of the Federal Magistrates’ Court imposing a penalty on an employer that refused to allow an employee to return to work after parental leave.
National OHS laws: time to have your say - 2 June 2008
The advisory panel conducting the review into the harmonisation of occupational health and safety laws has called for submissions on the optimal structure and content of national OHS laws.
A changing superannuation landscape for employers - 22 May 2008
The pace of superannuation reform continues with a number of proposals and recent changes that will affect the way employers are required to satisfy their superannuation obligations.
Workplace (e)ssentials - May 2008
Australian Industrial Relations Commission releases award modernisation statement / One aspect of the new Labor government’s plans to reform the workplace relations system is for the Australian Industrial Relations Commission to “modernise” awards.
First Step Towards National Occupational Health and Safety Laws - 7 April 2008
The Federal Government commenced its national review into harmonising Model Occupational Health and Safety (OHS) Laws on Friday 4 April 2008.
Workplace and Employment Relations Update - April 2008
Workplace (e)ssentials - April 2008
Facts discovered after termination considered in unfair dismissal claim / The Australian Industrial Relations Commission has taken into account facts that emerged after an employee’s dismissal in rejecting his unfair dismissal claim.
Workplace (e)ssentials - March 2008
Employer penalised for transferring and suspending employee / The Federal Court has ordered an employer to pay a $60,000 penalty and $6,668.97 in compensation to an employee who was transferred to another work location and ultimately suspended for making a complaint about being underpaid.
Workplace and Employee Relations Law Update - February 2008
National Employment Standards: Exposure Draft released - 14 February 2008
Following yesterday’s developments with the introduction of the ‘Transition to Forward with Fairness Bill the Rudd Government has today released its Exposure Draft of the proposed new ten National Employment Standards.
The demise of AWAs? – 13 February 2008
The first phase of the Rudd Labor Government’s reform agenda began this morning with the introduction of its transitional workplace relations bill into Parliament.
Changes to Victorian discrimination law – family/carer responsibilities – 12 February 2008
The Victorian government has passed legislation to amend the Equal Opportunity Act 1995 (Vic).
Workplace and Employee Relations Law Update February 2008
Federal court orders employee to pay employer’s costs after dismissing claims / The Federal Court has dismissed an employee’s claim that the termination of her employment constituted a breach of her employment contract and discrimination legislation.
Workplace (e)ssentials February 2008
Update on IR developments / The Labor government is in the process of drafting a transition bill which will introduce the first of Labor’s amendments to the Workplace Relations Act 1996 (Cth).
OHS (e)ssentials - January 2008
Welcome to the first edition of OHS (e)ssentials for 2008, which is shaping up to be an interesting year for OHS practitioners under a new Rudd Labor government looking to harmonise the several OHS systems in Australia.
Workplace (e)ssentials - December 2007
The Federal Court has held that an employee was dismissed by his employer because he complained to his union, and this constituted unlawful termination.
KEVIN07 - What now with WorkChoices? - 26 November 2007
With the election over the weekend of a Rudd Labor Government, the Coalition’s WorkChoices regime will now undergo significant change.
OHS (e)ssentials - November 2007
While the IR debate has been raging this election campaign, one aspect of Labor’s overall industrial relations policy which has not received much publicity is its workplace health and safety policy.
Coalition announces further workplace reforms - 8 November 2007
Yesterday, the Coalition released its Workplace Relations Election Policy outlining further changes it will make to WorkChoices if re-elected.
Workplace and employee relations law update - November 2007
Workplace (e)ssentials - November 2007
The Australian Industrial Relations Commission has granted an application by an employer to transfer from a notional agreement preserving a state award (NAPSA) to a federal award, where the NAPSA did not comply with the federal government’s National Code of Practice for the Construction Industry.
OHS (e)ssentials - October 2007
The Federal Court has recently imposed a penalty for a breach of the Occupational Health and Safety Act 1991 (Cth) (Act) based on an amount agreed between Comcare and the defendant. This is the first Federal Court decision under the Act to recognise an agreed penalty.
China’s New Employment Promotion Law - 25 September 2007
The Standing Committee of the National People’s Congress issued the Employment Promotion Law of the People’s Republic of China (EPL) on 30 August, 2007. The EPL, which will enter into effect on 1 January, 2008, is intended to promote employment and prohibit job discrimination.
OHS (e)ssentials - September 2007
Directors successfully defend prosecution under NSW OHS Act/Injury during basketball was not in the course of employment/Draft Mine Health and Safety Regulation released for Public Comment
Workplace (e)ssentials – September 2007
Labor releases its IR Policy Implementation Plan / NSW transport industry principal contractors bound by new minimum redundancy obligations / Unfair dismissal claim rejected - failure to disclose past employment on CV / Tribunal dismisses discrimination claim on the basis of industrial activity.
OHS (e)ssentials - August 2007
Commonwealth OHS Legislation / Significant amendments were made to the Occupational Health & Safety (Commonwealth Employment) Act 1991 earlier this year when the Act was renamed the Occupational Health & Safety Act 1991 (OHS Act).
Workplace (e)ssentials - August 2007
We recently reported on the government’s release of the compulsory Workplace Relations Fact Sheet. Sections 154B and 154C of the Workplace Relations Act 1996 (Cth) (WR Act) require employers to take ‘reasonable steps’ to provide copies of the Fact Sheet.
Workplace (e)ssentials - July 2007
Former CEO awarded damages based on 9 months’ notice in wrongful dismissal claim / The employee was the joint CEO of the employer. The employee was summarily dismissed by the employer due to alleged serious misconduct.
Fairness test passes Parliament - 21 June 2007
The federal government’s proposed new “fairness test” for AWAs and collective workplace agreements has now passed Parliament.
Workplace (e)ssentials - June 2007
Fairness test introduced into federal Parliament / The federal government has introduced a bill to amend aspects of the Workplace Relations Act 1996. If passed, the amendments will create a new fairness test.
“Forward with fairness”: Labor’s proposed IR laws - 7 May 2007
The Labor party has released details of its proposed reforms to roll back WorkChoices if it wins the next election. The policy, “Forward with fairness” has attracted significant media attention and intensified the debate over industrial relations with the government announcing in turn that it will be increasing protection for workers under WorkChoices.
Workplace (e)ssentials - May 2007
Labor unveils its IR policy/Opposition Leader Kevin Rudd released Labor’s industrial relations policy on 17 April 2007.
Workplace (e)ssentials - April 2007
Grace period for record-keeping requirements ends/ Commission has jurisdiction over unlawful termination claim if employer engages in a course of conduct that forces employee to resign/ ACTU seeking wage increases of $28 a week.
Workplace and employee relations law update - March 2007
Workplace (e)ssentials March 2007
Probationary and qualifying periods restart following transmission of business: AIRC/NSW Supreme Court implies terms of good faith and trust and confidence into an employment contract/Renewing wage claim does not mean failure to genuinely try to reach agreement
Probationary and qualifying periods restart following transmission of business: AIRC - 13 March 2007
The Australian Industrial Relations Commission held that the personalised nature of an employment contract meant that it was broken in a transmission of business situation.
WorkChoices - a brief review of the last 12 months - 5 March 2007
The first anniversary of WorkChoices is nearly upon us, but the impact of the legislation continues to change with each amendment made by the Federal Government and each decision of the Australian Industrial Relations Commission.
Workplace and employee relations law update - February 2007
Workplace (e)ssentials - January 2007
High Court says employees can be personally liable for misleading and deceptive conduct/ Serious misconduct of CEO warranted summary dismissal/ Employee made redundant following period of maternity leave not discriminated against.
Independent Contractors Bill and further WorkChoices amendments - 7 December 2006
The Independent Contractors Bill and further amendments to WorkChoices were passed by Federal Parliament on 4 December 2006. The Independent Contractors legislation is expected to commence in the first quarter of 2007. The WorkChoices amendments will commence shortly.
Workplace (e)ssentials - December 2006
High Court upholds WorkChoices legislation/ ABC discriminates against employee returning from maternity leave/ Full Bench says series of fixed term contracts not “sham” arrangements.
Workplace and employee relations law update - November 2006
More "fine tuning" to WorkChoices - 14 November 2006
Yesterday, the Australian Government announced further amendments to the WorkChoices legislation. These amendments aim to correct unintended consequences of the legislation identified by the Government as part of its ongoing review.
Workplace (e)ssentials - November 2006
Fair Pay Commission hands down first minimum wage decision/ Mere assertion that staff costs are unsustainable not a genuine operational reason/ Common law deeds containing prohibited content may not necessarily mean failure to genuinely try to reach agreement/ Warning to all company directors: CEO prosecuted over workplace fatality.
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