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The decision in Inspector James v Paul (No 2)[2011] NSWIRComm 117 (5 September 2011) (James) has confirmed that company directors cannot rely upon their apparent remoteness from the day to day operations of their...
15 February 2012
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Categorised In: Employment & Workplace Relations
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The New South Wales Supreme Court has ordered an accountant to pay $117,995 in damages after he used his former employer’s confidential information to poach at least 776 clients.
In 2002, Mr Denis Cummins, an...
15 December 2011
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Categorised In: Employment & Workplace Relations
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On 1 January 2012, the occupational health and safety laws in each Australian state and territory will be reformed to ‘harmonise’ occupational health and safety principles, obligations and procedures across Australia....
15 August 2011
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Categorised In: Employment & Workplace Relations
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Modern awards commenced on 1 January 2010. Most modern awards contain transitional provisions that allow employers to phase in minimum rates of pay and certain penalties and loadings (Rates) over a four year period from...
27 July 2011
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Categorised In: Employment & Workplace Relations
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The recent decision of Fair Work Ombudsman v Centennial Financial Services [2011] FMCA 459 has highlighted that human resource managers can be held responsible for sham contracting practices, even if they are following...
12 July 2011
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Categorised In: Employment & Workplace Relations
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3.4% increase in federal minimum wages
Fair Work Australia’s minimum wage panel has announced a 3.4% increase in minimum wages effective from 1 July 2011.
National minimum wage
The national weekly minimum wage for...
06 June 2011
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Categorised In: Employment & Workplace Relations
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A private member’s bill put before the House of Representatives seeks to abolish the current age limits governing the payment of superannuation by employers in Australia.
Bill proposal
Under the current provisions...
18 May 2011
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Categorised In: Employment & Workplace Relations
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Issue
Industrial Union United Voice is set to challenge the rollout of a series of Individual Flexibility Agreements (IFAs) by Spotless Group to cleaners in Victoria, South Australia and New South Wales in the Federal...
05 May 2011
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Categorised In: Employment & Workplace Relations
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In the decision in Ben Starkey v Cootes Transport Group Pty Ltd [2011] FWA 228, Fair Work Australia dismissed an employee’s unfair dismissal application. The employee had been dismissed for serious misconduct when...
01 April 2011
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Categorised In: Employment & Workplace Relations
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An employee was recently awarded $74,000 in damages (reduced by an ex gratia payment the employer made to the employee on appeal) because the employer failed to set objectives and review the employee’s performance...
15 February 2011
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Categorised In: Employment & Workplace Relations
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The introduction of the Passenger Vehicle Transport Award 2010 (Award) on 1 January 2010 reignited the debate as to the interpretation of the minimum “engagement” for casual employees in the bus industry....
28 September 2010
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Categorised In: Employment & Workplace Relations
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Australian Insurance Holdings Pty Ltd v Chan [2010] FCA781 22 July 2010.
This recent decision illustrates that the courts will protect sensitive pricing information and models associated with insurance product pricing....
16 September 2010
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Categorised In: Employment & Workplace Relations, Insurance
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How useful are restraint clauses in employment contracts?
It has become commonplace for insurance broking firms to insert “restraint of trade” provisions into employment contracts in an attempt to prevent ex...
06 September 2010
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Categorised In: Employment & Workplace Relations
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The Paid Parental Leave Bill was passed into law on 17 June 2010 and provides a new paid parental leave scheme for Australian workers. From 1 January 2011 the scheme provides the primary carer of a new-born child (or...
06 September 2010
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Categorised In: Employment & Workplace Relations
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The unfair dismissal provisions in the Fair Work Act 2009 have been operating since 1 July 2009. One major change involved the widening of employee eligibility to make an unfair dismissal application. In contrast, the...
21 May 2010
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Categorised In: Employment & Workplace Relations