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Top 10 Legal/HR Issues for the month
A list of the top 10 workplace highlights for the month of January
Opting out of Enterprise Agreements is a matter of choice!
In late January, the FWA gave final approval of the Newlands Coal Surface Operations Agreement 2010, allowing employees to choose whether they wanted to be included or excluded from the enterprise agreement. Although many would suggest this provides 'free choice' for employees, both employees and businesses need to consider the potential ramifications that may arise if this option is provided in an agreement.
Parties must bargain in a manner intended to conclude an agreement
In the context of an application by a union for bargaining orders against an employer, FWA has held that good faith bargaining compels bargaining representatives for a proposed agreement to bargain in a manner intended to conclude an agreement. We discuss the implications of the decision and how the proper management of the bargaining process can assist a business to successfully negotiate as agreement as well as retain an engaged workforce.
The Top 10 Legal/HR Issues for the month
A list of the top 10 workplace news highlights for the month of November.
Discrimination on grounds of disability
Two recent disability discrimination cases highlight the need for employers to be able to evidence clear, convincing and non-discriminatory reasons for their management actions. In particular, for a decision to reduce the hours of work for a disabled casual employee and when taking disciplinary action due to employee misconduct and obstructive behaviour.
The Qantas debate: when can industrial action be stopped?
The ongoing Qantas industrial dispute has sparked lively debate about the current Fair Work Act legislative scheme. We explore the circumstances in which protected industrial action can be suspended or terminated under the Act.
Beware the work Christmas party
The end of year functions seem to come upon us quicker and quicker each year and, as the workload and stresses of the year increase, it can be enticing to reward yourself and your workforce by having a few more than you ordinarily would. We discuss how employers can reach a balance between allowing staff to enjoy the festivities and ensuring they maintain appropriate behaviour to reduce the risk of issues arising around discrimination, harassment or other workplace policy breaches.
An update on WHS Harmonisation
We discuss new transitional arrangements designed to help move businesses to the new harmonised National Work Health and Safety Regulations due to come into force on 1 January 2012.
New enableHR Partner Portal for HR advisors, accountants and other trusted advisors
enableHR, Australia's leading web-based HR management solution, has launched the enableHR Partner Portal to help advisors better support their clients' HR needs and ensure they have the tools to manage their workforce through each stage of the employment life cycle.
Qantas and unions continue to trade blows - Can anybody land the killer punch?
Qantas returned to the skies yesterday after Fair Work Australia granted a full termination of the protected industrial action against Qantas.
FWA's decision has polarised opinions on the merits of the respective approaches to bargaining taken by Qantas, the unions and the Government. It also raised questions by politicians and commentators on the role of Fair Work Australia. Whilst the public and the stock market have reacted positively to the resumption of flights, an important question still looms as to whether Qantas' and the unions' respective strategies will ultimately provide them with an end that justifies the means.
FWA finds random drug & alcohol testing to be reasonable - 11 October 2011
The recent Full Bench of Fair Work Australia (FWA) decision in Wagstaff Piling Pty Ltd; Thiess Pty Ltd v Construction, Forestry, Mining and Energy Union [2011] FWAFB 6892 finds it is reasonable and lawful for an employer to instruct employees to submit to random drug and alcohol testing despite there being no express provision in an enterprise agreement permitting this.
Top 10 Hot Issues for the 2012 Modern Award Review
Our Top 10 - features 10 stand-out issues that have impacted a large number of industries since the introduction of Modern Awards
2012 Modern Award Review
FCB Workplace Law - canvasses the Review process, how we expect it will work and the things you need to be thinking about if you will need to get involved
Modern Award Review – aligning Awards to the way we work today
FCB HR - takes a look at how the restrictive casual engagement and part-time employment provisions in many Modern Awards are impacting on the ability of businesses to engage labour flexibly.
The Independent Contractor - A Symposium
Many FCB clients engage individuals as independent contractors yet there still seems to be a large amount of confusion as to what constitutes a genuine and sustainable independent contracting relationship. The danger of blindly engaging an individual as an independent contractor without consideration for what constitutes a real independent contracting relationship are considerable.
Relief for business in general protections decision: common law contract not a “workplace instrument”
In the decision of Barnett v Territory Insurance Office [2011] FCA 968, the Federal Court has ruled on an important interpretation of what is a "workplace instrument" for the purposes of the general protections provisions in the Fair Work Act 2009 (Cth) ("Act").
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.
