A recent Decision of the Fair Work Commission has highlighted the importance of careful drafting in enterprise agreements. In the matter of AWU v Visy Glass Operations (Australia) Pty Ltd T/A Visy Glass [2023] FWC 1379, employees were to receive a pay...
The power of words – poor drafting of enterprise agreement results in unintended financial consequences
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Is now the time to make an enterprise agreement?
Less than two weeks[1] from now, significant changes to the enterprise bargaining provisions in the Fair Work Act 2009 (Cth) (Fair Work Act) will commence. There is a common sentiment and theme to the enquiries among employers as this date grows nearer:...
Zombie agreement deadline approaching
The deadline for notifying employees their “zombie agreements” are being terminated is fast approaching. Zombie agreements — registered enterprise agreements pre-dating January 1, 2010 — will automatically cease to have effect from December 7, 2023, unless...
When is an individual liable for a company’s breach?
Acting under a manager’s instruction is no defence to a claim that an individual is liable as an accessory to their employer’s breach, the Court found in Fair Work Ombudsman v DTF World Square Pty Ltd (in liq) (No 3) [2023] FCA 201. Rather, where...
Federal Court Decision – Requirement to Request That Employees Work on Public Holidays
A recent Decision of a Full Bench of the Federal Court in Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC 51, has dealt with the provisions of the National Employment Standards affording employees a right to be absent on public...
Here’s why all employers should be interested in who’s on the FWC’s ‘Zombie Agreement’ list
Employers who find themselves on the Fair Work Commission’s list of ‘Zombie Agreements’ need to alert their workforce, and take steps to either replace or extend the life of their agreement or prepare to revert to modern awards on 7 December. But even if you’re not on...
SA legal team has an edge that gives clients unsurpassed service
Ai Group Workplace Lawyers is a national law firm with a team in South Australia staffed by experts who live and advise locally. The Adelaide-based team, comprising Legal Practitioner Directors Amanda Green and Susan Babidge, Senior Associates Emma Papps...
Q&A: Insufficient annual leave over Christmas
Q: What are my options when it comes to managing employees who don’t have enough accrued annual leave to cover the Christmas shutdown period? A: It is preferable for the employer to seek the employee’s agreement to take annual leave in advance or unpaid...
Tis the season to avoid folly
With the festive season upon us, employers are being urged to remind staff that inappropriate behavior will not be tolerated at Christmas parties. The office party is an extension of the workplace which means employees are required to conduct themselves...
IR briefings a hit with members
A national series of Ai Group Workplace Relations Member Briefings has helped demystify proposed changes to IR legislation. Hundreds of member businesses registered for the face-to-face events, held in metropolitan and regional cities around the country. ...