Enterprise bargaining, in some shape or form, has been a part of the Australian Industrial Relations framework since 1993. However, if the trends reported in recent data about agreement making are any indicator, enterprise bargaining is now facing a period of decline.
The recent cases of Saeid Khayam v Navitas English Pty Ltd t/a Navitas English [2017] FWCFB 5162 and Skene v Workpac Pty Ltd [2016] FCCA 3035 put employers on notice about entitlements and rights for temporary and casual workers under the Fair Work Act
In this video, Partner Belinda Winter explains how formal employment contracts can allow employers to establish terms that will protect, and ultimately benefit, their business.
In a recent decision, the Federal Court of Australia found that a married couple that worked from home for 10 years were employees rather than independent contractors.
On 15 September 2017, the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Amendment Act) came into effect, arming the Fair Work Ombudsman (FWO) with greater investigative and enforcement powers, targeting franchisors and holding companies, and significantly increasing penalties in order to protect the underpayment and exploitation of vulnerable workers.
In the recent Federal Circuit Court decision of Australian Building and Construction Commissioner v Dig It Landscapes Pty Ltd [2017] FCCA 2128, Judge Vasta made some scathing remarks about the conduct of the CFMEU on a Brisbane construction site.
In the recent decision of Paul Johnson v BHP Billiton Olympic Dam Corporation Pty Ltd [2017] FWC 4097, Commissioner Hampton found that, although the employee had engaged in misconduct constituting a valid reason for dismissal, the dismissal was nevertheless harsh due to a number of mitigating factors.
In this informative video, CGW Partner Belinda Winter discusses some of the workplace policies that all employers must have in place.
Transport companies enter into a variety of contractual arrangements with drivers. In many cases, it can be difficult to determine whether a particular driver is an employee or a subcontractor. Just because the driver is called a subcontractor does not mean they actually are one.
All building and construction industry employers that perform or tender for Commonwealth funded building work must ensure that their enterprise agreements (EAs) comply with the provisions of the Building Code 2016 by the transition period expiry date of 31 August 2017.
The Fair Work Commission (FWC) has criticised Komatsu Forklift Australia Pty Ltd’s HR department for fundamental failures of due process in its dismissal, via email, of a worker who had been absent due to mental health issues.
The amendments to the Australian Consumer Law to protect small businesses from unfair contract terms in business to business contract arrangements came into force on 12 November 2016.
Cooper Grace Ward acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
Fast, accurate and flexible entities including companies, self-managed superannuation funds and trusts.