-
SACS equal remuneration decision 2012 - February 3, 2012
On 11 March 2010 the Australian Municipal, Administrative, Clerical and Services Union, the Health Services Union, the Australian Workers' Union of Employees, Queensland, the Liquor, Hospitality and... read more
-
Livingstones enters Strategic WH&S Partnership with Drake Safety - December 13, 2011
We are always looking for innovative ways to ensure that we can deliver comprehensive and high quality services to our clients. In the area of Workplace Health and Safety we have identified a need for... read more
-
Duty of Officers – Do you know how to avoid a 5 year jail term? - December 13, 2011
The introduction of a separate duty on officers of organisations is an important change in the workplace health and safety legislation because they now may be charged with an offence under the WHS Act... read more
-
Harmonisation of WHS legislation in Australia – It is time to prepare - December 13, 2011
The much anticipated harmonised workplace health and safety legislation is due to commence on 1 January 2012 (at least in Queensland, ACT and the Commonwealth). It should be noted that not all States... read more
-
Review of Modern Awards 2012 - December 13, 2011
The Fair Work Legislation requires the Tribunal (FWA) to conduct a review of all Modern Awards during 2012. The President has now issued a statement calling for applications/submissions to vary Modern... read more
-
Reasonably practicable - what does it mean? - December 13, 2011
Under the new Workplace Health and Safety legislation important principles have been established that apply to a person's obligations. The introduction of the principle of “reasonably... read more
-
Consultation, Representation and Participation - December 13, 2011
The new Health and Safety legislation reinforces the importance of consultation and the need for consultative mechanisms within organisations. The Work Health and Safety Regulation 2011(WHS... read more
-
Increased Penalties under the Workplace Health and Safety Act 2011 - December 13, 2011
The Workplace Health and Safety Act 2011 (‘WHS Act’)introduces a variety of changes to the scope of persons who hold health and safety duties and the content of those duties. It is... read more
-
Registration of Real Estate Agreements with the QPIR - December 13, 2011
Most employers in the Real Estate Industry in Queensland would have received letters from the QPIR regarding the campaign by the Fair Work Ombudsman to establish whether employers have complied with... read more
-
Sickies and the minimum employment period...do they mix? - October 10, 2011
A question frequently asked by employers is whether an employee’s minimum employment period (6 month’s under the Fair Work Act) is affected by absences from work during those periods.... read more
-
Workers Compensation - It's not fair, I pay the premiums but I have no say in the claims - October 4, 2011
The above is something we often hear from our clients, however we do not believe that this needs to be the case. You, as the Employer, have a very important role to play in managing your workers... read more
-
What a wage audit can do for you - October 3, 2011
Employees today are better informed about their industrial entitlements than ever before. As a result, applications to Fair Work Australia and the Fair Work Ombudsman are ever increasing. Recently,... read more
-
Adverse action: positive action to avoid adverse consequences - October 3, 2011
Recent case law has further cemented the controversial ‘adverse action’ provisions of the Fair Work Act 2009 (‘the FW Act’) as a significant source of liability for employers.... read more
-
Amendments to the Sex Discrimination Act 1984 - October 3, 2011
On 24 May 2011, Federal Parliament passed amendments to the Sex Discrimination Act 1984 (Cth) (‘the Act’) which clarify and expand the range of actions which constitute discrimination.... read more
-
Incentives that excite - October 3, 2011
Employee incentive programs have become prevalent in today’s workplace as employers look for ways to not only recognise high performing and loyal staff, but also to motivate improvement and gain... read more
-
Workplace health and safety - new legislation - October 3, 2011
The Council of Australian Governments “COAG” in conjunction with the Commonwealth Government, has agreed to implement nationally harmonised Workplace Health and Safety Legislation to commence on... read more
-
An employer’s right to decide - lunch room v meeting room - October 3, 2011
Livingstones often fields calls regarding union right of entry to hold discussions with employees. One of the questions that continues to be raised is whether the employer has the right to direct the... read more
-
Industrial action gets employer reaction - October 3, 2011
The Australian Institute of Marine and Power Engineers v Port of Brisbane Pty Ltd [2011] FWA 4653 Livingstones recently represented Port of Brisbane Pty Ltd in a hearing with the Australian Institute... read more
-
Fail to prepare or prepare to fail – the importance of preparation in workplace negotiations - October 3, 2011
Negotiation is part of our every day lives both at home, and at work, yet very few people receive any formal training in negotiating skills via their formal education. This is quite astounding when... read more
-
Planking in the workplace: When do employees go too far? - June 8, 2011
The grocery giant, Woolworths has recently sacked employees across Australia for ‘Planking’ in the workplace on the basis of breaching the Company’s Health and Safety Policies.... read more
-
New bullying legislation - June 8, 2011
The Victorian State Parliament has introduced a Bill called the Crimes Amendment (Bullying) Bill 2011 (the legislation). The legislation is intended to outlaw bullying and cyber-bullying in the... read more
-
Low-paid authorisations: A landmark ruling - June 8, 2011
On 5 May 2011, the Full Bench of Fair Work Australia issued a landmark judgement in ordering its first low-paid bargaining authorisation. The Full Bench, in a precedent that may encourage applications... read more
-
Budgeting for wage increases - June 8, 2011
Are you currently considering whether or not to bargain for a new Enterprise Agreement? It can sometimes be difficult to find the right balance between implementing wage increases that are fair... read more
-
Protecting intellectual property created by employees - June 6, 2011
The intellectual property produced by employees can be a significant source of competitive advantage for employers, and not just those in the research and innovation industry. The discoveries,... read more
-
Full Bench reinforces the seriousness of safety breaches - March 14, 2011
Livingstones recently defended an application for unfair dismissal made against one of its long-standing clients. Alex Aspromourgos guided management through a process of dismissing an employee who... read more
-
Small Business Dismissal Code - Do you comply? - March 10, 2011
The Small Business Fair Dismissal Code (the Code) under the Fair Work Act 2009 (Cth) (the Act) sets out guidelines for employers to follow when considering the termination of an employee or whether a... read more
-
The meaning of “Legally Enforceable Contract” in the Real Estate Industry Award 2010 - March 10, 2011
Whilst the real estate industry has traditionally only paid sales commission to ex employees if the transaction had become unconditional prior to an employee leaving, the new Modren Award has brought... read more
-
Can employees cash out long service leave? - March 10, 2011
A recent decision of a Full Bench of Fair Work Australia, Armacell Australia Pty Ltd and others [2010] FWAFB 9985 addressed whether the cashing out of long service leave could be included in... read more
-
Should an employee on parental leave be paid for public holidays? - March 10, 2011
The National Employment Standards (NES) under the Fair Work Act 2009 provide a clear entitlement for payment for public holidays for permanent employees. However, there has been confusion around the... read more
-
What meets the 'disability' criteria when an employee applies for a Flexible Workplace Arrangement? - March 10, 2011
The commencement of the National Employment Standards (NES) at the beginning of last year saw the introduction of Flexible Working Arrangements. These Arrangements provide eligible employees the... read more
-
Should I employ a casual or permanent? Six key considerations - March 10, 2011
A common strategy among employers is to increase labour flexibility through expanding the use of casual employment. This can achieve greater organisational resilience by enabling an employer to alter... read more
-
Beware of Office Parties 'getting out of hand' - December 7, 2010
It's that time of year when people at the workplace forget about the rules in their need to hold parties and let off steam. These events can be a very important means of dealing with year-end tensions... read more
-
A lesson for the employer - December 7, 2010
The David Jones Case Sexual harassment was yet again pushed into the public eye after David Jones and its former Chief Executive Officer, Mr Mark McInnes faced one of the biggest sexual harassment... read more
-
In the trenches with our clients: H.J. Heinz - December 7, 2010
Lance Pedersen v H.J. Heinz Company Australia Limited T/A Golden Circle Limited [2010] FWA 8631 The employee's employment was terminated based on his inability to undertake the inherent requirements... read more
-
In the trenches with our clients: QR Network - December 7, 2010
Mr Geoffrey Thomas Spargo v QR Network Pty Ltd [2010] FWA 7822 The employee's employment was terminated based on the breach of his employer's Electronic Communications Policy. The employee had... read more
-
Disruptive employees - December 7, 2010
When employees disrupt the workplace, the operations of the business can be seriously affected. Employees who behave in a disruptive manner might do so for a variety of reasons including: Abuse of... read more
-
Major workplace change - December 7, 2010
Consult with your staff or there may be a price In a recent Federal Court decision, a large employer was found to have breached their applicable workplace instruments on numerous occasions, by failing... read more
-
Paid Parental Leave - December 7, 2010
From 1 January 2011, employees who are the primary carer of a newborn or newly adopted child may be eligible to receive Paid Parental Leave (PPL) of up to 18 weeks, paid at the National Minimum Wage... read more
-
Division 2B Awards Transition to Modern Awards from 1 January 2011 - November 10, 2010
Throughout 2010, all non-constitutional corporations such as sole traders, partnerships and various not-for-profit employers, were covered by Division 2B Awards, with the exception of Western... read more
-
The difference between misconduct and poor performance - September 9, 2010
Misconduct or unacceptable behaviour occurs when a rule is broken, or some other unacceptable behaviour takes place e.g. assault, swearing at a supervisor etc..... Assume – an employee is never... read more
-
Transitioning with the Federal Minimum Wage Increase - September 9, 2010
Whether you are covered by an enterprise agreement or a Modern Award, everybody may be affected by transitioning. From 1 July 2010, the Modern Awards wage, casual loadings and weekend penalty... read more
-
Subclass 457 visa – Increase to Temporary Skilled Migration Income Threshold from 1 July 2010 - September 9, 2010
From 14 September 2009 all sponsors of new Subclass 457 visa holders were required to adhere to new sponsorship requirements, one of which was the requirement to pay their Subclass 457 (s457) visa... read more
Our News
