Employers need to be aware that from 7 December 2023, all zombie agreements, other than those for which the Fair Work Commission has granted an extension, have been replaced by relevant modern awards made by the Fair Work Commission (FWC) under the Fair Work Act 2009 (Cth) (Fair Work Act).
In the recent case of McAlister v Yara Australia Pty Ltd [2021] FCCA 1409, an employer was ordered by the Federal Circuit Court to pay damages of approximately $143,000 plus statutory entitlements (less any amounts already paid) for wrongful termination representing 9-months pay in lieu of notice to an employee. This may have been avoided …
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The Fair Work Commission have made changes, in effect from 1 July 2020, to the Miscellaneous Award 2020 to cover a broader range of workers, including many that previously would not have been covered by any Modern Award. In making this decision, the Fair Work Commission re-emphasised the importance of employers carefully considering award coverage …
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In the recent case of Kroeger v Mornington Peninsula Shire Council [2019] FCCA 2313 (22 August 2019), the Federal Circuit Court of Australia provided useful guidance for employers and employees with more than one job in an organisation. Facts The Applicant was employed by the Respondent in two jobs, as Fitness Instructor and a Customer …
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Unfair contracts legislation has now been in place for two and a half years. Only a Court can determine whether a contract term is unfair and there have now been a number of cases where contract terms have been voided on the basis that they are unfair. These cases include two successful actions by the …
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