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Publications Archive
The perils of the adverse action jurisdiction
The adverse action jurisdiction is proving to be fraught with danger for employers. Recent cases have demonstrated providing lawful and legitimate reasons for taking action against an employee may not be sufficient and Courts are demonstrating they will look behind those reasons and consider all the surrounding facts and circumstances.
The Top 10 Legal/HR Issues for the month
A list of the Top 10 Legal/HR Issues for the month of August.
The Revolution has not been televised - the way we work has changed
Modes of employment have changed significantly over the last 20 years. We are excited to introduce to you the new Executive Director of FCB HR who will provide his insight into the changing nature of the Australian Labour Market.
enableHR Case Study: reporting on disciplinary processes
See how HR Managers are capitalising on the benefits of enableHR to manage a workplace disciplinary process in our case study this month.
CFMEU v Pilbara Iron Company (Services) Pty Ltd [2011] FCAFC 91
Last week, the Full Court of the Federal Court handed down a decision which may impact on the validity of certain enterprise agreements made prior to the commencement of the Fair Work Act 2009 (Cth) ("FW Act"), if the group of employees covered by the agreement cannot be clearly identified by reference to a recognisable part of a business.
End of Financial Year: Performance and Salary Review Tips
Last month we looked at the importance of regular performance reviews and how enableHR can assist employers in conducting effective performance review sessions. Whether you operate on a financial year cycle or an October to October (or other) rem year, in this month's The Informant, we highlight important considerations for employers in each stage of the performance review cycle and when conducting salary reviews.
The Top 10 HR/IR Issues for the month
A list of the top 10 workplace news highlights for the month of July.
Nishal Mistri joins FCB Technology
FCB Technology is excited to announce Nishal Mistri has joined the business in the role of Sales Manager.
Protected Industrial Action is possible before bargaining has been commenced
In J.J. Richards & Sons Pty Ltd v TWU [2011] FWAFB 3377, a Full Bench of Fair Work Australia confirmed that a bargaining representative can obtain a protected action ballot order even before bargaining has commenced.
The Top 10 Legal/HR Issues of the month
A list of the top 10 workplace news highlights for the month of June.
Social Media Alert
Given the explosion in the use of social media websites (SMWs) such as Facebook, Twitter and Youtube, businesses need to be mindful of the potential risks, developments arising from recent case law and ways to best insulate your business when employees, customers or the business itself is engaging on SMWs.
Conduct EOFY Performance Reviews Through enableHR
Throughout the year it is important to conduct regular, scheduled performance review sessions with your employees.
FWA orders 3.4% increase in minimum wages
In its second Minimum Wage Decision the Minimum Wage Panel of Fair Work Australia this morning increased all Modern Award minimum wage rates, and the Federal Minimum Wage, by 3.4%. The Panel flagged during last year's decision that it would consider a return to percentage increases as opposed to flat rate increases as flat rate increases had " compressed relativities in the award classification structures"
Top 10 Legal / HR Issues for the Month
A list of the top 10 workplace news highlights covering the last few months.
Unions force an employer to the bargaining table using different tactics
In the recent decision of the Full Bench of Fair Work Australia in JJ Richards & Sons Pty Ltd v Transport Workers' Union of Australia it was held that a union may obtain an order for a protected action ballot despite the employer having declined to enter into negotiations for an enterprise agreement and thereby force an employer to the bargaining table.
First decision on general protection provisions from the full court of the Federal Court is alarming for employers
A full court majority of the Federal Court in Barclay v The Board of Bendigo Regional Institute of Technical and Further Education has determined that Bendigo TAFE ("BRIT") took adverse against a teacher who was also an officer of the Australian Education Union ("AEU") by suspending him, stopping his email access and directing him not to attend work. The action was taken because the teacher had used his BRIT email account, identifying himself as President of his union sub-branch, to advise that he had been informed by AEU members that BRIT staff had been asked to create, or had witnessed the creation of, fraudulent documents for the purposes of BRIT's re-accreditation.
enableHR protects employer from unfair dismissal Claim
A case study from FCB Technology highlights the many benefits of enableHR in minimising legal risk and ensuring compliance. This case study identifies the protection and cost savings one enableHR user was afforded when they followed enableHR's comprehensive HR checklists including being able to ward off an unfair dismissal claim.
Top 10 Legal / HR Issues for the Month
A list of the top 10 workplace news highlights covering the last few months.
Employees able to opt out of Enterprise Agreements
In Newlands Coal Pty Ltd v CFMEU, a Full Bench of Fair Work Australia has decided that terms allowing employees to "opt out" of an enterprise agreement (as opposed to modifying conditions using an Individual Flexibility Agreement) are permitted by the Fair Work Act.
Small business set for new wages
From the first full pay period on or after 1 February 2011 there are changes to award coverage and wages affecting sole traders and partnerships (and other entities which are not constitutional corporations) covered by Division 2B State Awards in New South Wales, Queensland, South Australia and Tasmania.
FWA provides guidance on genuine redundancy
In the Ulan Coal case, a Full Bench of FWA has provided guidance on appeal about when redeployment will be considered reasonable, in the context of employers seeking to rely on the "genuine redundancy" exemption to unfair dismissal in the Fair Work Act.
Employee validly terminated for posting blog on MySpace
A call-centre employee has failed in her unfair dismissal claim after criticising her employer on MySpace and emailing pornographic images to colleagues.
FCB: Year in Review - 2010
FCB: Year in Review - 2010. Read on for more.
Measurement is the Key to HR Performance in 2011
Measurement is the Key to HR Performance in 2011.
What a year! FCB Technology comes out of the cloud
What a year! FCB Technology comes out of the cloud.
The Importance of Framing Restraints of Trade Appropriately
Timing it Right - When a General Protections Claim can be made
Update: Commencement of the Paid Parental Leave Scheme
Top 10 Legal / HR Issues for the Month
Summary of the top 10 legal and HR issues for the month.
Case Study: enableHR And Australian Finance Group
Costly Breach of Contract - Stockbroker ordered to pay his former employer $503,100
Union right of entry to hold discussions with employees – how far does this right extend?
Employee Owns Right To Designs, As They Were Not Created In Course Of Employment
Fair Work Australia reinstates Pilot who engaged in misconduct
Reminder To Directors And Managers To Ensure Employees Are Paid Their Entitlements
Top 10 Legal / HR issues for the month
Summary of the top 10 legal and HR issues for the month.
Are you communicating with your people effectively ?
Good Faith Bargaining: Has international law influenced emerging case law in Australia?
Outsourcing – do general protections apply to principals?
enableHR / News Limited Case Study Showcased at Inaugural AHRI HR Tech Conference
Fair Work Australia raises the bar with respect to 'significant harm'
Stand down – What's in a name?
Unions – here to stay?
Top 10 Legal / HR Issues for the Month
Summary of the top 10 legal and HR issues for the month.
Strategic considerations in Enterprise Agreement making
enableHR playing its role in a Smart Solution
Workplace Strategy
An organisation's recruitment and selection policies, disciplinary procedures, reward/recognition programs, learning and development policies are valuable tools, yet can be rendered ineffective unless they are aligned with the overall short and long term business objectives of your organisation.
Enterprise Agreements: The importance of getting it right
Happy Birthday Fair Work Australia
Navigating The Transitional Provisions In Modern Awards
Top 10 Legal / HR Issues for the Month
Summary of the top 10 legal and HR issues for the month.
Can Enterprise Agreements spawn additional union rights of entry?
FCB HR - Metrics
Independent Contractors - Damages
FCB Technology - enableHR in 'Top 100'
Hot off the heels of its ALB Law Awards finalist nomination for best innovation in law, FCB Technology is proud to announce enableHR (www.enablehr.com.au) has been named in the top 100 most innovative products in Australia, as part of the Anthill Magazine 'SMART 100' Index.
FCB Technology
FCB Workplace Law – FCB and Enterprise Bargaining in 2010
The Parental Leave Bill 2010 - What does it mean for my business?
Fair Work Australia's application of the concept of "genuine redundancy"
Top 10 Legal / HR Issues for the Month
Summary of the top 10 legal and HR issues for the month.
FCB HR – Employee Metrics: "You can't manage what you don't measure!"
FCB Strengthens Its Global Workplace Law Network
FCB Technology a finalist of the National Law Awards
Telstra justified in sacking employee for leaking confidential information to union
Case Study: Colin Makin v GlaxoSmithKline Australia Pty Ltd
Decision of Commissioner Bissett
Lessons for Employers
Terminating for safety breaches? Be safe not sorry
Henry Tax Review: Superannuation Reforms
Safety in Focus
Top 10 Legal / HR Issues for the Month
Summary of the top 10 legal and HR issues for the month.
Balancing the Apple Cart
Aged-Care Employers Alert - LHMU and Aged-Care workers first to use low-paid bargaining stream 11 May 2010
Through the use of the Fair Work Act's low-paid bargaining mechanism, the LHMU is bidding for a 60% pay rise for about 60,000 aged care employees. They are the first Union to utilise the low-paid bargaining stream and have not ruled out the possibility of arbitration.
Award Modernisation - where's your head at?
HR Due Diligence - a MUST for new business / contract acquisitions
Realistic workflow automation to avoid common HR mistakes
FCB Workplace Law's – March Top 10
A list of the top 10 workplace news highlights for the month of March.
The Fair Work Act 2009 (CTH) - Issues To Watch Out For
Richard Breden discusses the latest HR technology trends
For years HR departments centralised much of the employee management function due to a real fear that line management might compromise the process
The Five Biggest Challenges Facing HR Professionals in 2010
After emerging from the depths of the global financial crisis and the prolific use of grim HR buzzwords, like hiring freeze, streamlining and retrenchments, the recent legislation changes and increased union involvement means HR professionals will continue to encounter significant challenges. The following is a list of the top five challenges HR professional will face in 2010.
