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 the Act, the terms ‘employer’ […]
Defining the Employment Relationship Read More »
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 employment contract. Those conditions are:
Employment Contracts – What are they and why we need them? Read More »
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: – The employer contravened various parts
Jurisdictional objection upheld over an unsigned contract Read More »
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 employment relationship. Below we review
High Court cases highlight the need for clear contractor engagements Read More »
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 parties; or Personal relating to
Restraint Orders – when they can impact your workplace Read More »
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 type of work and therefore
Award Coverage – What you need to know Read More »
Policies and procedures, when written well, provide the framework for a company’s entire operation. They provide many benefits which may include Insights into company values and ethical standards. Clarity of behavioural and performance standards expected of all employees. Rules and guidelines for decision-making in routine situations. Provide consistent and clear responses across the company to
Why implement policies and procedures in the workplace? Read More »
