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 ordered to pay a $7,560 [...]

2023-06-22T10:30:20+10:00June 22nd, 2023|Categories: Employment Law|Tags: , |

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 seeks to improve the regulation [...]

2023-05-18T10:47:47+10:00May 18th, 2023|Categories: Employment Law|Tags: , |

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 in certain circumstances, such as [...]

2023-05-15T11:51:48+10:00May 15th, 2023|Categories: Employment Law|Tags: , |

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” an employee to work on [...]

2023-04-17T13:12:15+10:00April 17th, 2023|Categories: Employment Law|Tags: , |

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 please do not hesitate to [...]

2023-03-30T14:54:57+11:00March 30th, 2023|Categories: Employment Law|Tags: , |

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 and domestic violence leave has [...]

2023-01-12T15:20:05+11:00January 12th, 2023|Categories: Employment Law|Tags: , |

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 “eligible start up concessions” in [...]

2022-11-28T09:52:18+11:00November 28th, 2022|Categories: Commercial, Employment Law|Tags: |

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 Leave Scheme enables parents to [...]

2022-11-24T12:09:00+11:00November 24th, 2022|Categories: Employment Law|Tags: , |

Employee Share Schemes Update

Employee Share Schemes (‘ESS’) are a great way to attract, retain and motivate employees. Until recently there have been a lot of restrictions and requirements on ESS implemented by proprietary companies. One such restriction had been that if a company wanted to issue shares or options, it had to be accompanied [...]

2022-10-27T15:37:40+11:00October 27th, 2022|Categories: Employment Law|Tags: |

Employers bear the onus to prevent sexual harassment under new legislation

In June 2018, the Sex Discrimination Commissioner, Kate Jenkins, and then Minister for Women, the Hon Kelly O'Dwyer, announced a National Inquiry into Sexual Harassment in Australian Workplaces to examine the prevalence, nature, drivers and reporting of sexual harassment, current legal and regulatory framework, and the impact of sexual harassment [...]

2022-10-04T12:23:44+11:00October 4th, 2022|Categories: Employment Law|Tags: , |
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