Superannuation under the National Employment Standards

As of 1 January 2024 the National Employment Standards (NES) include a right to superannuation for national system employees. The Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 has amended the Fair Work Act 2009 by, among other things, requiring national system employers to make contributions to a superannuation fund for the benefit of …
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Workplace Meme Culture: Satire Not Grounds for Dismissal says FWC

The internet has been an area of controversy in employment law for a number of years. Many late-night rants and political outbursts have been the subject of unfair dismissal proceedings. What we post on social media can easily be viewed by our employers. It often has a direct bearing on our employment when content is …
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Doors open to casual worker leave entitlements following landmark court ruling

Recently, the Federal Court handed down its highly-anticipated employment decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84. The decision concerned an employee of the labour-hire company known as WorkPac. The employee had been employed by WorkPac through a number of consecutive casual employment agreements for mining projects in Queensland. The employee entered into …
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Broader coverage of the Secure Local Jobs Code

New Law – Broader coverage of the Secure Local Jobs Code

From 7 November 2019, businesses that want to provide services worth more than $200,000 to the ACT Government must have a Code Certificate and Labour Relations, Training and Workplace Equity Plan. From January this year businesses tendering for construction, cleaning, security or traffic management work have been required to meet workplace standards in the Secure …
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Board Members and Working with Vulnerable People

It is compulsory for any person (whether employed or in a voluntary capacity) who engages in a certain activity with a vulnerable person to obtain a background check and be registered with Access Canberra.[1] The Working with Vulnerable People (Background Checking) Act 2011 (ACT) (WWVP Act) commenced on 8 November 2012 and is designed to reduce …
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Forcing Employees to Take Annual Leave

It has been recently reported that the Commonwealth Corporation, Airservices Australia Pty Ltd (Airservices) has been fined for incorrectly forcing its staff to take leave during the annual Christmas shutdown period. The primary reason provided for this finding was the failure of Airservices to consult with each of its employees regarding the shutdown period, in …
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