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1 July amendments looming
New rates, thresholds and other changes in the employment arena commence from 1 July 2014. The following article briefly summarises the main amendments that employers should be aware of. National minimum wage From 1 July 2014, the national minimum wage will increase to $640.90 per week or $16.87 per hour (calculated on the basis of a 38 hour week for a full time employee). This represents a 3% increase. The increase applies from the first full pay period starting on or after 1 July 2014. Minimum award rates Minimum award rates will also increase by 3% on the first full payment period starting on or after 1 July 2014. The adjustment to the minimum award rate may also affect penalties and allowances. Employers should review applicable awards to ensure compliance. The increase may also impact upon employers who have enterprise agreements if the rates fall below the national minimum wage or award rates or transitional arrangements which are...
19 June 2014Fair Work Commission reinforces 'one size does not fit all' when it comes to termination
A recent decision of the Fair Work Commission reinforces that employers must carefully consider all the circumstances surrounding a potential dismissal including adopting a fair process. Background The applicant had been engaged as a crane driver for the employer, Bechtel Construction (Australia) Pty Ltd (Bechtel) for about 2 years. The applicant had previously received a first and final warning for a matter unrelated to his dismissal. On the day in question, some of Bechtel's employees, who were CFMEU members, attended a stop work meeting during the morning 10.00am 'smoko'. That meeting went over time and as a consequence, employees attending the meeting undertook unlawful industrial action. The applicant did not attend the morning meeting. At 1.00pm that afternoon, a further stop work meeting occurred. The applicant attended this meeting 'out of curiosity', however the evidence was unclear as to exactly what time the applicant ...
19 June 2014Modern award transitional arrangements cease on 1 July 2014
With the implementation of the Fair Work Act 2009 and the commencement of modern awards on 1 January 2010, modern awards, minimum terms and conditions applicable to employees in the vast majority of Australian workplaces were set. As part of the modern award implementation, transitional arrangements were implemented which specify when particular parts of a modern award come into effect. The transitional arrangements dealt with the following: minimum wages and piecework rates; casual or part-time loadings; Saturday, Sunday, public holiday, evening or other penalties; and shift allowances/penalties. On the first full pay period on or after 1 July 2014, the transitional arrangements will cease as they will be fully phased in. From 1 July 2014 employers can simply look at the applicable modern award to determine the current minimum rate of pay and penalty rates for employees covered by a modern award. This will be muc...
29 May 2014