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Latest amendments to Fair Work Act pass through parliament

The latest amendments arising from the Fair Work Act Review passed through parliament earlier this month. The following article summarises the main changes and their effective date. AMENDMENT PARENTAL LEAVE Increase concurrent parental leave from 3 weeks to 8 weeks. Concurrent leave may be taken in separate periods of at least 2 weeks each occasion. An employee's entitlement to unpaid parental leave will not be reduced by any amount of unpaid special maternity leave taken by an eligible employee. Effective date: On a date to be fixed on or before 29.12.13 FLEXIBLE WORKING ARRANGEMENTS Extends criteria of employees who may request flexible working arrangements to include parents of a child who is of school age, carers, employees with a disability, employees over 55 years of age, employees experiencing or, providing support for an immediate family member experiencing violence from a member of their fam...

19 August 2013

The First Draft Road Safety Remuneration Order Has Been Published

Just over a year after the Road Safety Remuneration Tribunal commenced (see related article here), the Tribunal has issued its first draft Road Safety Remuneration Order (the Draft Order). The Draft Order covers road transport drivers in the road transport and distribution industry, in respect of the provision by the road transport drivers of a road transport service involving, or in connection with, retail goods, livestock, bulk grain or long distance travel or long distance operations in the private transport industry. The Draft Order imposes requirements on the employers or hirers of the road transport drivers, and on participants in the supply chain. The Draft Order includes provisions concerning dispute resolution and whistleblower protections, what must be included in a contract between an employer or hirer and a road transport driver, work payments, clothing and reimbursement, payment time, safe driving plans, drug and alcohol policy and training. The Dra...

15 August 2013

How far is too far when offering alternative employment?

The Fair Work Commission's (FWC) recent decision of Spotless Services Pty Ltd has provided some clarity in determining what constitutes acceptable alternative employment when an employee's position becomes redundant. Facts Spotless Services Pty Ltd made an application to the FWC to vary the redundancy pay of two employees who had been offered (and rejected) alternative employment. The two employees had been advised that their current roles in Tomago, NSW were redundant, however alternative employment had been identified for them, on the same hours and rates of pay in Eraring, NSW. The respective employee's contracts of employment contained a clause providing for relocation of employment. The employees declined the offer of alternative employment due to the additional time and distance to travel to work. The alternative employment involved an increase in distance of approximately 33.7km and an extra 25-30 minutes of travel time each way pe...

5 August 2013