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Defining the Employment Relationship
Defining the Employment Relationship From the 26 August 2024 a new definition has been inserted into the Fair Work Act with the intention to define whether a person is an employee or employer. The change applies to most workers and businesses covered by the Fair Work Act 2009. For the purposes of
Employment Contracts – What are they and why we need them?
At the core of every employment relationship is the employment contract. The employment contract is a binding agreement between two parties in which an individual agrees to perform work in return for payment. As with any contract, the law requires certain conditions to be met before it will recognise an
Jurisdictional objection upheld over an unsigned contract
The Fair Work Commission (FWC) has found that employment ended due to the cessation of an unsigned fixed term contract rather than the claimed unfair dismissal argued by the employee. An executive manager engaged on a five-year fixed term contract claimed general protections that his employment was terminated arguing: –
High Court cases highlight the need for clear contractor engagements
Two important High Court decisions have emphasised the importance of having clear contractual terms when characterising workplace relationships as being that of a contractor. The cases further highlight the need for employers to ensure that contracting arrangements are genuinely that of an independent contractor in practice and not of an
Restraint Orders – when they can impact your workplace
In this article we look at Court orders and their impact for your business in the workplace. Court orders that restrain an individual or individuals can include an Apprehended Violence Order, Personal Intervention Order, or a Restraining Order. These orders are either Domestic relating to a personal relationship between the
Award Coverage – What you need to know
A modern award is a document that sets out the minimum terms and conditions of employment in addition to the National Employment Standards (NES). Modern awards came into effect on 1 January 2010. Modern awards are industry or occupation-based and contain a coverage clause (usually clause 4) which clearly describes the