In this edition we cover:
High Court clarifies when a workplace agreement may prevail over a state law The High Court has considered the question of when a Federal workplace agreement or award may be considered to prevail over a State law covering the same or similar subject matter.
Hourly rates can incorporate payment in advance for annual leave A Full Bench of Fair Work Australia has approved an agreement that provides for hourly rates incorporating annual leave payments.
Altering or adding to a notice of representational rights does not invalidate the notice A Full Bench of Fair Work Australia has determined that the Fair Work Act does not prohibit an employer from altering, adding or omitting terms from the prescribed notice of representational rights when commencing bargaining for an enterprise agreement, so long as the nature of the prescribed notice is not altered.
Work health and safety harmonisation updateFollowing a national review into model occupational health and safety laws in 2008, a model Work Health and Safety Act, supported by model Regulations and model Codes of Practice, has been prepared.
Employers authorised to withdraw employee accommodation during protected industrial action The Federal Magistrates’ Court has dismissed a claim by the CFMEU that the withdrawal of employee accommodation during protected industrial action constituted adverse action in breach of the general protections provisions in Part 3-1 of the Fair Work Act 2009 (Cth).