“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
Publications
FAIR WORK AMENDMENT: CORRUPTING BENEFITS
The Fair Work Amendment (Corrupting Benefits) Act 2017 (Cth) (Amendment) has been introduced from recommendations made by the Royal Commission into Trade Union Governance and will amend...
25 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 CONDITIONS: REGULATION IN AUSTRALIA
Employment conditions for most employees in Australia are now regulated at the Commonwealth level by the Fair Work Act 2009 (Cth) (FWAct). Employees covered by...
24 April, 2017
UNFAIR DISMISSAL: Overview
An employee generally has the right to pursue an unfair dismissal claim under the Fair Work Act 2009 (Cth) if one of the following applies: ...
28 January, 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
General Protections Overview
The Fair Work Act 2009 provides a range of general protections for employees in relation to unfair treatment in the workplace. The general protections include: ...
28 January, 2017
ENTERPRISE BARGAINING & ENTERPRISE AGREEMENTS
The procedural requirements associated with bargaining for enterprise agreements under the Fair Work Act 2009 (Cth) (FWAct) can be extremely daunting for an unfamiliar person. Bargaining may...
17 January, 2017