FIXED TERM CONTRACTS The Bill proposes limiting the use of fixed term contracts for the same role beyond two years (including renewals) or two consecutive contracts, whichever is shorter, unless an exception applies. Where a fixed term contract is made in breach of the provisions, any […]
The Federal Court has handed down an important judgment examining the ‘reasonable additional hours’ provisions in the National Employment Standards (NES) set out in the Fair Work Act 2009 (Act), and has issued its decision in respect of penalty breaches of the relevant Award and Act. The Employer […]
The House of Representatives has passed the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 on Thursday, 27 October 2022. First tabled in July 2022, the Bill inserts an entitlement of ten (10) days paid family and domestic violence leave into the NES. Currently, the NES only […]
The dismissal of a casual ice cream shop employee for failing to work an agreed additional shift was deemed harsh and unreasonable in a decision handed down by the Fair Work Commission on 20 September 2022. The Applicant had initially agreed to work an afternoon shift […]
As anticipated, Workplace Relations Minister Tony Burke has introduced the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022, to insert 10 days paid family and domestic violence leave (FDV leave) into the National Employment Standards (NES). This proposal was a key election promise of the Labor […]
WorkSafe Victoria has this week commenced a prosecution against an aged-care facility after they allegedly failed to prevent a mass COVID-19 outbreak following a staff member testing positive. It is alleged that in July 2020, the employer was notified that a worker who had attended its […]
By now we are all aware of the outcome of the Fair Work Commission’s annual wage review decision. We have summarised the decision and have answered some of the questions we have received. The Decision: The Commission announced a 5.2% increase to the national minimum wage, bringing it […]
Compensation has been ordered for an aged care employee who was summarily dismissed by their employer for not wearing a face mask correctly. The employer, an aged care home, was audited by the Aged Care Quality and Safety Commission. During the audit, the appointed inspectors saw […]
The Full Bench of the Fair Work Commission has provisionally approved the entitlement of paid family and domestic violence (FDV) leave for employees covered by Modern Awards. In the decision, which is part of the four-yearly review of Modern Awards, the Full Bench considered whether a variation of Awards […]
The importance of procedural fairness has been highlighted in the recent unfair dismissal judgment of Ning Li v PPD Australia Pty Ltd [2022] FWC 496. The employee, a senior import & export coordinator for PPD Australia, was first given a verbal warning following three complaints from female job […]
Level 6, 33 Franklin Street
Adelaide SA 5000
GPO Box 1039
Adelaide SA 5001
08 8213 3333
08 8212 3076
© EMA Legal
Liability limited by a scheme approved under Professional Standards Legislation.
