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Unfair dismissal threshold increases from 1 July 2015

Introduction    New rates, thresholds and other changes in the employment arena commence from 1 July 2015. The following article briefly summarises the main amendments that employers should be aware of.   Unfair dismissal threshold (high income threshold)    The high income threshold will increase from the current $133,300 to $136,700 from 1 July 2015.   This means employees whose annual rate of earnings is $136,700 (which excludes statutory superannuation) or more and who are not covered by an award or enterprise agreement, are unable to pursue an unfair dismissal application.    National minimum wage   From 1 July 2015, the national minimum wage will increase to $656.90 per week or $17.29 per hour (calculated on the basis of a 38 hour week for a full time employee). This represents a 2.5% increase.    The increase applies...

29 June 2015

Terminating expired enterprise agreements is no longer taboo!

A recent Fair Work Commission (the Commission) Full Bench decision has challenged the principles previously established by the Commission for terminating enterprise agreements.   Background Aurizon Operations Limited, Aurizon Network Pty Ltd and Australian Eastern Railroad Pty Ltd (collectively, Aurizon), made separate applications to terminate several expired enterprise agreements (the Expired Agreements). Aurizon argued the Expired Agreements should be terminated due to the "market in which it operates, changes that have occurred consequent upon its privatisation, the history of the enterprise agreements, the changes to the agreements sought by the parties during bargaining, and in particular the changes sought by Aurizon, the history of negotiations for new agreements, the importance of particular provisions of the agreements to employees, the operation of particular provisions in the workplace context and t...

29 May 2015

'Early mark' proves costly for unlawful strikers

The Fair Work Building Inspectorate (the Regulator) commenced proceedings against 22 employees for engaging in unlawful industrial action while their enterprise agreements were in force contrary to the Fair Work Act 2009 (the Act). The Federal Court found in favour of the Regulator and imposed a $1,000 penalty on each employee. Background Hansen Yuncken and Leighton Contractors (the Joint Employers) entered into a joint venture for the construction of the new Royal Adelaide Hospital (the Worksite). The Joint Employers had in place separate enterprise agreements covering their respective employees at the Worksite. Employees of the Joint Employers commenced work at the Worksite between 5.00am and 7.00am on the day in question. Around 8.00am, works being conducted offsite by SA Water created a decrease in water pressure at the Worksite which affected the showers, hand basins and latrines in the Amenities area and made the toilets difficult to flush. Hand basins and toilets...

4 May 2015