Employers, employees and unions must negotiate an enterprise agreement (EA) in good faith. In past articles, I have suggested that the US position – that any direct communications with your workers when there is a bargaining representative for the workers is unlawful – will not be followed in Australia
Read moreTo pay or not to pay – meeting requirements to avoid severance payments
01/07/2010
In Allman v Teletech International Pty Ltd, the Federal Court heard call centre workers for outsourcing service provider Teletech were made redundant after Telstra cancelled a key contract.
Read moreSign Up or Suffer the Consequences – Employment Threats in the Workplace
01/07/2010
Making threats to employees to sign individual employment contracts is clearly foolish and bad business practice.
Read moreOffice Romance: Is She Really Going Out With Him?
01/07/2010
Office romance is a topic which grabs attention. The enticing prospect of romance in the workplace sparks interest amongst work colleagues, and panic among workplace lawyers.
Read moreControlling worker’s behaviour outside work – yes we can!
01/07/2010
In the 20 years that I have practiced, there has been consistent case law precluding disciplinary action against a worker for out-of-work-behaviour. But now the world has changed. The recent case of Kolodjashnij v Boags cements the change in limited circumstances.
Read moreHow to avoid being subject to an unfair dismissal claim
01/07/2010
An employee’s disregard for safety doesn’t mean you can terminate them!
Read moreFair Work Australia reinstates sacked worker despite safety breaches, cites employees poor job prospects
01/07/2010
Employer groups are furious with Fair Work Australia’s decision to order the reinstatement of a worker who was sacked because of “serious misconduct” relating to a health and safety breach, because of his family circumstances, length of service and poor job prospects.
Read moreA FEW GOOD LAWYERS
01/07/2010
The truth about engaging staff under the Legal Services Award 20101 (Legal Services Award) is not overly complex.
Read moreFair Work Act and OHS
01/07/2010
On 1 July 2009, the Australian industrial relations (IR) climate changed with the introduction of the Fair Work Act.
Read moreThe Aussie version of Good Faith Bargaining
23/03/2010
The Fair Work sceptics warned of Australia developing good faith bargaining laws akin to the US. They warned that it
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