National Workplace Lawyers : Employment Lawyer : OHS Lawyer : Unfair Dismissal : Discrimination Lawyer : Industrial Lawyer

News Feed

New model award term about requests for flexible working arrangements commences on 1 December 2018

A new model award term in relation to employee requests for flexible working arrangements will be included in all modern awards and will take effect from 1 December 2018. The new clause supplements existing obligations contained in the National Employment Standards (NES). This new provision requires an employer to “discuss the request with the employee and genuinely try to reach agreement” in an attempt to “reasonably accommodate the employee’s circumstances”. There shall be consideration of: the employee’s needs; the consequences to the employee of refusing the request to change the employee’s working arrangements; and “any reasonable business grounds for refusing the request”. An employer is to provide a response in writing to the employee within 21 days of receiving the employee’s request for flexibility. If the request is refused and no agreement with the employee has b...

22 November 2018

The terms and effect of an EA not properly explained

Further to our previous article, two recent decisions of the Full Bench of the Fair Work Commission have again shown that an employer’s failure to properly comply with the requirement in s.180(5) of the Fair Work Act 2009, relating to the employer taking all reasonable steps to explain an EA and its effect to employees, has proved fatal to the approval of the EA. In Australian Workers’ Union v Professional Traffic Solutions Pty Ltd, the statutory declaration filed with the application to approve the EA contained an answer that stated: “The agreement was explained to all relevant employees at the time that it was handed out, on 24 May 2017. All employees were encouraged to ask questions, and to get back to company management if they did not understand any of the content.” The Commission agreed with the relevant union that there had been a failure by the employer to take all reasonable steps to explain the terms of the EA and their...

16 November 2018

FWC Annual Report 2017-18

The Fair Work Commission’s 2017-18 Annual Report includes several noteworthy points summarised in the table below: Types of applications lodged with the Fair Work Commission Median time between lodgement and conciliation for unfair dismissal applications = 27 days Median time taken for agreement approval without undertakings = 32 days Total number of applications lodged with the Commission = 31,554 ↓ 5% General protections claims involving dismissal = 4,117 ↑ 388 claims Unfair dismissal applications = 13,595 [This decrease suggests that employees prefer general protections claims due to the availability of uncapped damages] ↓ 540 cla...

19 October 2018