‘We pay over the Award, so it doesn’t apply’ is probably the most common mistake in employment law. Award entitlements, over-Award payments and set-off clauses can all collide when well-paid employees turn the focus on whether they have actually been paid the right entitlements. Even at the highest levels of remuneration, an Award may still apply, even with a valid and carefully-worded set-off clause (or, where appropriate, a Guarantee of Annual Earnings). The importance of contractual set-off clauses to defend wage underpayment claims was clearly demonstrated in the recent Federal Court of Au ..read more

The end of long-term maximum or fixed term contracts, unlocking pay secrecy clauses and a new paid entitlement to family and domestic violence leave The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Act), which received Royal Assent on Tuesday 6 December 2022, made sweeping changes to workplace laws and primarily the Fair Work Act 2009 (FW Act). This blog (one in a series written by Thomson Geer discussing the changes to the Act) focuses on significant changes to employment contracts and entitlements that have not received widespread attention.  In particular, w ..read more

As we noted in our previous recent blogs (see here and here), the changes made to the Australian workplace regulation system by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amendment Act) are wide-ranging. In this part of our series on the new laws, we highlight some of the key changes to the Fair Work Act 2009 (Cth) (FW Act) in relation to enterprise agreements. What will be the different types of enterprise agreements (EAs)?  The Amendment Act has retained the existing types of EAs that can be made, but in some cases has re-named them and amended how bargainin ..read more

This week, federal Parliament made significant changes to sexual harassment laws by amending the Sex Discrimination Act 1984 (Cth) (SDA). More change is likely to follow soon with amendments proposed to the Fair Work Act 2009 (Cth) (FWA). Employers need to take notice, and consider the action they should take in order to comply with the new laws. Background Following a national inquiry into sexual harassment in the workplace in 2018, the Respect@Work: Sexual Harassment National Inquiry Report (2020) made 55 recommendations for reform to reduce the prevalence of workplace sexual harassment. Thi ..read more

A Full Bench of the Fair Work Commission has awarded ‘direct care’ workers a 15 per cent increase to the minimum rate, marking a significant shift in the value of the work of registered nurses, enrolled nurses and personal care workers in residential aged care over the past two decades. At the same time, the Commission has left open the possibility of further increases across the sector in the not-too-distant future. Which workers will this cover? This interim decision affects the Aged Care Award 2010, the Nurses Award 2020 and the Social, Community, Home Care and Disability Services Industry ..read more

The ALP federal government has released its much anticipated first tranche of industrial relations reform. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 proposes to overhaul the Fair Work Act 2009 (Cth) (FW Act), abolish the Registered Organisations Commission and put the final nail in the coffin of the Australian Building and Construction Commission, with the Fair Work Ombudsman to take over compliance and enforcement in the construction sector. We plan to publish a series of blogs looking at some of the key proposed changes to the FW Act in some detail. For now, we ..read more

Employers may need to pay employees for time they spend at work performing essential pre-start tasks before a shift, in light of a recent Federal Circuit and Family Court decision. Multi-national supermarket chain Aldi has been ordered to pay distribution centre employees for time spent performing pre-shift tasks solely for its benefit. The claim The Shop, Distributive and Allied Employees Association (SDA) claimed that since August 2018, Aldi required around 4,000 employees at the Prestons Distribution Centre to clock-on 15 minutes before their paid start time to perform pre-shift tasks, incl ..read more

Earlier this year the Fair Work Commission ordered an increase to minimum rates in Awards of 4.6% (or $40 per week for wage rates below $869.60 per week). For the majority of Awards, these changes took effect from 1 July 2022.  However, for a handful of Awards in industries that were particularly affected by the COVID-19 pandemic, these increases were delayed until 1 October 2022. In accordance with the Commission’s decision, the increase to minimum rates will take effect from 1 October for the following Awards: Aircraft Cabin Crew Award 2020 Airline Operations – Ground Staff Award 2020 ..read more

In a record-breaking judgment, the Federal Court has delivered an eye-watering compensation award of over $2.2 million to an employee arising out of a general protections (adverse action) claim. The case, Leggett v Hawkesbury Race Club (No 3) [2021] FCA 1658, confirms that stress or angst over workplace interactions can result in genuine serious psychological injury, exposing employers to massive damages claims. It is also likely to encourage more adverse action claims due to the uncapped compensation of that jurisdiction. What happened Ms Leggett had been employed for 25 years at the Club as ..read more

Significant amendments to the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award) will take effect from the first pay period on or after 1 July 2022, putting into effect the Fair Work Commission’s determination of earlier this year following its four yearly review. Summary of changes Changes to the SCHADS Award include: increasing the minimum engagement for part-time and casual home care employees from one hour to two, and imposing an express obligation on employers to consult affected part-time employees before 1 July 2022, about how shifts might be varied ..read more