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Increase in Unfair Dismissal Cap

The Fair Work Commission has announced this week that the high income threshold in unfair dismissal cases will be increased to $129,300 (up from $123,300). This means that employees who are not covered by an enterprise agreement or a modern award, and whose earning are $129,300 or greater are not protected from unfair dismissal. The high income threshold is calculated by reference to: the employee's wages: amounts dealt with on the employee's behalf or at the employer's discretion for example, superannuation payments over and above the superannuation guarantee charge; and any agreed money value of non-monetary benefits for example, motor vehicles. Payments which cannot be determined in advance, reimbursements and contributions to superannuation in accordance with the superannuation guarantee charge (9.25% as of 1 July 2013) are not included in calculating earnings. For dismissals occurring on or after 1 July 2013, the cap on the co...

20 June 2013

Safe Work Australia releases guidance note on "Reasonably Practicable"

Safe Work Australia has recently released its guidance note entitled "How to determine what is reasonably practicable to meet a health and safety duty" (the Note). The Note provides guidance on the standard of workplace health and safety that a person conducting a business or undertaking (a PCBU) must meet under the model Work Health and Safety Act and regulations. In particular, a PCBU is required to do what is 'reasonably practicable' to ensure workplace health and safety. The Note provides guidance to assist in determining what is reasonably practicable: Step 1: Identify the circumstances, hazards and risks: Indenify what the circumstances are; Indenify the hazards arising from the work, environment; or things used to carry out the work; Review the risks associated with the hazards and how serious they are; Undertake consultation. Step 2: Determine what can be done: Decid...

18 June 2013

Annual Wage Review 2013 Increase

Earlier this week, the Fair Work Commission (the FWC) handed down its fourth annual wage review under the Fair Work Act 2009. As a result of the review, modern award minimum wages will increase by 2.6 percent from the first full pay period on or after 1 July 2013, with commensurate increases in hourly rates on the basis of a 38 hour week. The increases will also apply to transitional Australian Pay and Classification Scales, State Reference Transitional Awards and Division 2B State Enterprise Awards. Wages in the National Training Wage Schedule will also be adjusted. The national minimum wage will be increased to $622.20 or $16.37 per hour. This is an increase of $15.80 per week or 41 cents per hour. These increases also apply from the first full pay period on or after 1 July 2013. In determining the wage increase, the FWC considered that the superannuation guarantee rate inc...

6 June 2013