Increase in High Income Threshold
Unfair Dismissal Employers should be aware of certain changes regarding the unfair dismissal provisions. For the unfair dismissal provisions to apply, assuming the employee has completed the minimum period of employment, the employee must: Earn less than the high-income threshold; or Be covered by a [...]
Amendments to the FWA regarding Unpaid Parental Leave, Superannuation and Employee Deductions
Following the significant changes the Labor government enacted through the Secure Jobs Better Pay amendments to the Fair Work Act, employers should be aware of further changes to the Act. On 22 June, a Bill titled the Fair Work Legislation (Protecting Worker Entitlements) Bill 2023 [...]
HR Manager held liable and fined for breach of the Fair Work Act
In United Workers' Union v Bervar Pty Ltd [2022] FedCFamC2G 418, the Federal Circuit and Family Court of Australia (‘the court’) determined that a HR Manager was personally liable for his direct involvement in the Employer’s adverse action against an employee. The HR Manager was also [...]
Heavier Penalties and Stricter Laws Behind the Counter: An Update on New Child Employment Laws
Amidst the crackdown by the Victorian Child Employment Watchdog of several employers in respect for their breaches of child employment laws, employers should be aware of new child employment changes being introduced in Victoria on the 1st July 2023. The Child Employment (Amendment) Act 2022 [...]
Changes to Flexible Working Arrangements take effect on 6 June 2023
Part of the substantial industrial relations reforms which were enacted by the Federal Parliament last December include changes to the rules around flexible working arrangements The Fair Work Act already had provisions that allow an employee to request a change to his or her working arrangements [...]
Unwrapping the Gift of Overtime: An Employer’s Right to Request Public Holiday Work
On 28 March 2023, a Full Federal Court decision has held that employers cannot rely on enterprise agreements or contracts requiring employees to work on public holidays. The case of CFMMEU v OS MCAP Pty Ltd [2023] FCAFC 51 has shown that contracts which “require” [...]
Pointon Partners Employment Law Seminar: Current Hot Issues in Employment Law
On Wednesday 29 March 2023, our employment team hosted a seminar on current hot issues in employment law today. The following topics were covered: Sexual Harrassment; Pay secrecy clauses; Fixed Term Contracts; and Flexible Working Arragements. If you have any queries regarding the above topics [...]
Replacing the Existing Leave Entitlement: Paid Family and Domestic Violence Leave
In Australia, the Fair Work Act 2009 (Cth) (FWA) grants employees various leave entitlements. One such entitlement involves section106A of the FWA which grants an employee five days of unpaid family and domestic violence leave each year. However, section 106A and other provisions relating to family [...]
Employee Share Schemes – Eligible Start Up Concessions
In today’s tight labour market we continue to see interest from employer clients in establishing employee share schemes in order to retain, attract and incentivise talent. Perhaps the most straightforward of the schemes to create, administer and explain to staff is one relying upon the [...]
Significant changes ahead for Paid Parental Leave
Families should be pleased to learn that the Federal Government has recently announced major changes to the Paid Parental Leave Scheme (PPL), with the Government committing approximately $531.6 million over the course of 4 years to make these changes. The Current Scheme The Paid Parental [...]