Recent Updates

Employment & Industrial Relations


No Award or Unfair Dismissal Rights for Private Practice GPs

Employment & Industrial Relations
Posted on by Charles Lentini

The Fair Work Commission (‘FWC’) in the decision of Dr Vahid Sedighi Gourabi v Westgate Medical Centre [2019] FWC 1155 decided that a General Practitioner (‘GP’) working at a private medical centre was not covered by a modern award and … read more

Comments Off on No Award or Unfair Dismissal Rights for Private Practice GPs

Two Jobs, One Boss – What could go wrong?

Employment & Industrial Relations
Posted on by Tim Davey

In a recent decision of the Federal Court, the court dismissed an appeal by a worker claiming overtime, rest relief penalties and meal allowances resulting from the worker’s two part-time jobs with the one employer. In appealing a decision of … read more

Comments Off on Two Jobs, One Boss – What could go wrong?

Employee Records – Are you at risk?

Employment & Industrial Relations
Posted on by Tim Davey

A recent media release from the Fair Work Ombudsman (FWO) serves to remind employers that the stakes are now much higher in terms of ensuring compliance with the record keeping requirements of the Fair Work Act (the Act). The FWO … read more

Comments Off on Employee Records – Are you at risk?

Full Bench to Determine Whether Finger Print Scanning Is Lawful and Reasonable

Employment & Industrial Relations
Posted on by Charles Lentini

A full bench of the Fair Work Commission (‘FWC’) has granted a former employee permission to appeal his dismissal for refusing to use biometric finger print scanning to record his attendance at the workplace. The former employee was a casual … read more

Comments Off on Full Bench to Determine Whether Finger Print Scanning Is Lawful and Reasonable

Are you reliant on a ‘Zombie Agreement’?

Employment & Industrial Relations, Human Resources & Relationships
Posted on by Ethan Edwards

What are ‘Zombie Agreements’? A ‘Zombie Agreement’ is a workplace agreement (you may also know them as Collective or Enterprise Agreement) that was approved in the Federal jurisdiction before the Fair Work Act 2009 (Cth) took effect. The old agreements … read more

Comments Off on Are you reliant on a ‘Zombie Agreement’?

Commencement of the new Long Service Leave Act 2018 (Vic) – Are You Ready?

Employment & Industrial Relations
Posted on by Olga Murphy

We would like to remind our clients, operating in Victoria that the new Long Service Leave Act 2018 (Vic) assented on 15 May 2018 is coming into effect on 1 November 2018. The new Act provides an earlier access to … read more

Comments Off on Commencement of the new Long Service Leave Act 2018 (Vic) – Are You Ready?

Right To Refuse Flexible Work Request

Employment & Industrial Relations
Posted on by Katy Russell

There have been two recent decisions in the Fair Work Commission (FWC) concerning flexible working arrangements, particularly in relation to an employer’s obligations when refusing a flexible work request from an employee. Currently under section 65 of the Fair Work … read more

Comments Off on Right To Refuse Flexible Work Request

How does your company accrue and pay personal leave?

Employment & Industrial Relations
Posted on by John McKenzie

How does your company accrue and pay personal leave? Two recent Fair Work Commission (FWC) decisions have raised questions around the correct accrual and payment of personal leave under the National Employment Standards (NES). Both decisions have implications for employers … read more

Comments Off on How does your company accrue and pay personal leave?

Enterprise Bargaining – The Devil is in the Detail

Employment & Industrial Relations
Posted on by Tim Davey

I recently had cause to become involved in an enterprise bargaining matter.  I say ‘bargaining’, but to be honest, there was not much bargaining involved.  A more accurate reflection of the process was that the union offered the employer a … read more

Comments Off on Enterprise Bargaining – The Devil is in the Detail

FWC delivers a 3.5% increase to Modern Award minimum wages

Employment & Industrial Relations
Posted on by Ashley Lynch

The Fair Work Commission’s Expert Panel has awarded a 3.5% increase to the national minimum wage and the minimum wages within Modern Awards. Accordingly, from the first full pay period on or after 1 July 2018, all Modern Award minimum … read more

Comments Off on FWC delivers a 3.5% increase to Modern Award minimum wages