Tag archives: Modern Award

Temporary variations to the Hospitality and Clerks modern awards in response to the COVID-19 pandemic

By David Cross, Martin Osborne, Bronwyn Hammond and Norah Chafardet on March 31, 2020 Posted in Australia, Coronavirus

The Fair Work Commission (FWC) has acted on applications made by employer associations and unions by varying a number of awards to introduce temporary flexibility provisions in light of the COVID-19 pandemic and the associated public health orders. These important measures aim to provide employers with the flexibility to resource their businesses appropriately in the … Continue reading

Recent changes to Modern Awards – What employers should know

By Martin Osborne on December 5, 2018 Posted in Asia Pacific, Australia, General

As part of the Commission’s four-yearly review of modern awards[1], the Full Bench of the Fair Work Commission (FWC) recently handed down a number of decisions[2] which have the effect of inserting a model casual conversion clause (Model Clause) into 84 Modern Awards[3] from 1 October 2018. This provides “regular casual” employees the right to … Continue reading

You can’t escape award coverage with a fancy job title and a big salary

By Shannon Walker on April 18, 2018 Posted in Asia Pacific, Australia, Contracts

In our experience, many employers are under the false impression that, if they put an employee on a ‘common law contract’ and give them a fancy job title, they will be award-free, particularly if they are paid well above the award rates. The recent case of Karen Muscat v Chase Commercial Pty Limited [2018] FWC … Continue reading

Fair Work Commission considers award provision allowing employers to deduct pay where an employee fails to give sufficient notice

By Helene Lee on November 21, 2017 Posted in Asia Pacific, Australia

As part of its four yearly review of modern awards, the Full Bench of the Fair Work Commission (FWC) has recently considered whether a clause found in many modern awards allowing employers to make deductions from an employee’s termination pay (where the employee fails to give sufficient notice of resignation) should be removed, changed or … Continue reading

Transfer of business provisions in numerous modern awards to be amended to fix NES inconsistencies

By Michael Nightingale on May 25, 2015 Posted in Asia Pacific, Australia

A Full Bench of the Fair Work Commission has ruled that provisions dealing with the transfer of employment and service for annual leave purposes which are contained in 11 Australian modern awards must be amended because the provisions are inconsistent with the National Employment Standards (NES) contained in the Fair Work Act 2009. The decision … Continue reading

Australia: Employees’ rights on redundancy

By Jodie Kessler on June 16, 2014 Posted in Australia

Rights of employees upon redundancy of their position and in the case of any resulting termination of the employee’s employment will depend upon whether the employee falls into the Federal employment and industrial relations jurisdiction (National System Employees) or under the jurisdiction of the State in which the employee works. National System Employees National System … Continue reading