New NES entitlement: Unpaid Domestic and Family Violence Leave

In its final flurry of legislative activity for 2018, the Federal parliament has today passed an amendment to the Fair Work Act 2009 (Cth) that will enshrine the right for employees to take up to five days unpaid leave to deal with family and domestic violence. This amendment follows a decision in March this year […]

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The Fair Work Commission Tackles “Flexism”

In recent years, there has been a push to ensure employees are not subject to sexism, ageism and racism in the workforce. The new term ‘flexism’[1], has now taken the spotlight. The Full Bench of the Fair Work Commission (FWC) has recently handed down a decision considering ‘family friendly work arrangements’ as a part of […]

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Employment Lifecycle Series | On-Boarding and Induction Essentials

Now that you have bedded down your recruitment processes (with the tips from the first article in our Employment Lifecycle Series – Getting Your Recruitment Processes Right), it might be time to review and consider how best to design and tailor your induction and on-boarding to suit your business’ needs. This article sets out our […]

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Employment Lifecycle Series | Getting Your Recruitment Processes Right

Gadens’ Employment Advisory Team is pleased to introduce its new series of alerts covering the employment life cycle: From the Cradle to the Grave… From Recruitment to Termination. In this series we will bring you regular updates with useful tips on issues that our clients have encountered at all stages of the employment lifecycle, including […]

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#MeToo and sexual harassment in Australian workplaces

The #MeToo movement and its focus on exposing the prevalence of sexual harassment in the workplace continues to resonate loudly in 2018. What started in 2017 with allegations being made against Harvey Weinstein, then set off an avalanche of sexual harassment allegations being made against high profile people both in Australia and overseas. Further momentum […]

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Modern slavery and what businesses need to know

Australia is slowly moving closer to the establishment of comprehensive modern slavery legislation. At Federal level, the Modern Slavery Bill 2018 (Federal Bill) passed the lower house last month and is now being considered by the Senate, and in the last Federal budget funding was provided to establish an anti-slavery unit in the Department of […]

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What you need to know about the new portable long service leave for cleaning, security and community services workers in Victoria

On 4 September 2018, the Victorian Government passed the Long Service Benefits Portability Bill 2018. The Long Service Benefits Portability Act 2018 (Vic) (LSBP Act) will come into effect on 1 July 2019, unless proclaimed earlier by the Government. Why has the legislation been introduced? The LSBP Act has been introduced to enable Victorian workers […]

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FAQ on new casual conversion clauses operative from today – 1 October 2018

Casual conversion rights and obligations for award-covered employees will be streamlined across all industries from today – 1 October 2018.[1] We have addressed the ‘Frequently Asked Questions’ on casual conversion below: What is casual conversion? Casual conversion is the transfer of an employee’s employment status from casual to permanent. What is being inserted into the […]

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Keeping it Casual? Think Again!

You have no doubt heard about the landmark decision in WorkPac Pty Ltd v Skene[1], where the Full Court of the Federal Court (Full Court) found that a casual employee was a permanent employee entitled to annual leave payments. In this article we have summarised the decision and outlined the important practical implications for many […]

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Will your Enterprise Agreement pass the BOOT?

The Full Bench of the Fair Work Commission in its recent decision Loaded Rates Agreements [2018] FWCFB 3610 (28 June 2018) held that employers must apply the “better off overall test” (BOOT) to every employee covered by an Enterprise Agreement. The decision involved a consideration of five applications for the approval of Enterprise Agreements containing […]

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Freedom of Association – Logos, Mottos and Indicia

The Australian Building and Construction Commission (ABCC) released new guidance material recently which provides information on the differences between the Building Code 2013 (2013 Code) and the Code for Tendering and Performance of Building Work 2016 (2016 Code) with respect to freedom of association. While both the 2013 Code and 2016 Code provide that a […]

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Casual Calamity

Casual conversion to part-time or full-time employment The Full Bench of the Fair Work Commission (Commission) has decided to insert a model casual conversion clause into the majority of those modern awards which did not already have this type of clause, including awards in the retail, restaurant, banking, aged care, mining, maritime and transport industries. […]

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