Tag archives: Modern Award

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

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 current climate whilst maintaining compliance with the applicable modern award, allowing them to continue active operations and retain employees.… Continue Reading

Recent changes to Modern Awards – What employers should know

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 request to convert their employment to permanent full-time or part-time.

The other 28 Modern Awards that already contain a casual conversion clause prior to 1 October 2018 will remain unchanged.

Who can request for casual conversion?

The … Continue Reading

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

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 1398 reminds us that this just isn’t always true.… Continue Reading

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

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 included in all modern awards.… Continue Reading

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

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 was handed down as part of the Full Bench’s review of modern award terms which are inconsistent with the NES, as part of the Commission’s 4 yearly modern award review process.

Generally, where there is a “transfer of business” between two companies (that … Continue Reading

Australia: Employees’ rights on redundancy

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 Employees are employees covered by the Fair Work Act 2009 (Cth) (Act). The Act covers all Commonwealth public sector employees and private sector employees in all states (except in Western Australia, where the private sector coverage of the Act is limited to those … Continue Reading

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