Draft “right to disconnect” model award term released for comment
The Fair Work Commission (Commission) is required to include a “right to disconnect” term in all modern awards by 26 August 2024.[1] Following consultation with interested parties, the Commission has today released its draft model term and accompanying statement (using the Business Equipment Award 2020 to model the draft), and is available to access here. The
Announcement
EMA Legal is delighted to announce the appointment and promotion of Shannon Luker to Partner effective 1 July 2024. Shannon has excelled as ‘Practice Leader’ of our Personal Injury and Return to Work practice and successfully developed this key area of our practice into a thriving pillar of our service offering. Her outstanding technical knowledge and
Significant WHS reforms in South Australia
The Work Health and Safety (Review Recommendations) Amendment Bill 2024 (the Bill) was first introduced in Parliament on 16 May 2024 and has now passed both Houses of the South Australian Parliament. The changes will take effect on a day to be fixed by proclamation and will make significant amendments to the Work Health and Safety
Restraint clauses in the spotlight
The Federal Treasury is engaging in consultation as part of a review into worker non-compete clauses and other related restraints (the Competition Review). Concerns have been identified by stakeholders and through recent court decisions about the widespread use of restraints clauses including in contracts for low paid workers (who are not compensated for the restraint), and
Payments on Termination of Employment – Employer Obligations
Many employers continue to operate on the basis that, on termination of employment (for whatever reason) entitlements will be paid ‘in the next pay run’ or ‘in the next 7 days’, but this is not the correct legal approach. And the consequences of non-compliance can be costly… To illustrate the point, a recent (and complicated) Federal
Draft term release – proposed workplace delegates’ rights terms for modern awards
We have previously alerted clients to the fact that the Fair Work Commission will be required to draft model terms for inclusion in all modern awards, by 30 June 2024. Following consultation by the Commission with stakeholders over April 2024, a first draft of the proposed model term has now been released. The intention is to

