Pay Secrecy
Pay secrecy provisions were part of the various amendments to the Fair Work Act 2009 (Cth) (Act) introduced through the Fair Work Legislation Amendment (Secure...
20 August, 2023
Contract
Underpayment of Wages: Fair Work Act
1. The following sections of the Fair Work Act 2009 (Cth) (“FW Act”) are most likely to be relevant in an underpayment of wages context: ...
11 December, 2017
DISMISSAL: NES NOTICE OF TERMINATION
A Full Bench of the Fair Work Commission has recently made an important decision in relation to the meaning of a “dismissal” under s 386...
23 October, 2017
“Set-off” Principles
The law around “set-off” principles in employment relationships is reasonably well settled. Courts have applied contractual law principles to focus upon what the parties agreed...
28 September, 2017
Fair Work Amendment Bill: Preventing Worker Exploitation
Following reports migrant workers were underpaid, the Federal Government has introduced amendments to the Fair Work Act 2009 (Cth) to combat worker exploitation. This came...
13 September, 2017
RESTRAINT OF TRADE AND POST-EMPLOYMENT RESTRAINTS
In contracts, there are various types of post-employment restraints and restrictions that may survive the termination of the contract. Non-solicitation and non-compete clauses are some of...
21 August, 2017
INVESTIGATIONS: SERIOUS MISCONDUCT ALLEGATIONS
Appropriate strategies in investigations of allegations of misconduct can vary significantly in degree of sophistication. Once a process of investigation commences, it may take a life...
14 August, 2017
EMPLOYMENT CONTRACTS
Employment contracts are fundamental to the employment relationship and can be used to: improve upon the minimum employment conditions in the National Employment Standards (NES),...
28 January, 2017
Contract and Deed of Release
It is critical for any agreement reached between parties to be properly recorded to ensure its enforceability. It is common in employment matters for an...
08 October, 2016