Latest publications
Quirks in modern awards #2: Five or six weeks’ annual leave under the Nurses Award 2010
The majority of employees in Australia are covered by an industry / occupation specific modern award. Whilst many of the awards contain similar provisions, in this series of occasional articles we examine unusual award clauses which are sometimes missed by employers. Most modern awards contain wording in relation to annual leave…
Quirks in modern awards #3: No “small business” exemption for redundancy pay under certain awards
The majority of employees in Australia are covered by an industry / occupation specific modern award. Whilst many of the awards contain similar provisions, in this series of occasional articles we examine unusual award clauses which are sometimes missed by employers. Most modern awards contain wording in relation to redundancy pay…
Quirks in modern awards #4: No overtime rates for casuals in the Horticulture Award 2010
The majority of employees in Australia are covered by an industry / occupation specific modern award. Whilst many of the awards contain similar provisions, in this series of occasional articles we examine unusual award clauses which are sometimes missed by employers. Most modern awards provide that all employees – full-time, part-time…
Redundancies: New case sheds some light on consultation and redeployment obligations
Depending on how an employer goes about things, terminating staff who are surplus to requirements, can have very different legal consequences. This article looks at the lessons for employers in this situation as apparent from decisions by the Fair Work Commission (FWC) and the Australian Industrial Relations Commission. The Fair Work…
Unusual wills and where to find them: What makes a valid will?
With the advent of technology, courts have had to grapple with difficult questions of whether to accept new forms of “documents” as wills. In New South Wales, the Court has previously held a DVD recording was a valid codicil (see our analysis of the case here). More recently, in Nichol v Nichol [2017]…
Employment law myth No.7: “There’s no point having a restraint of trade in an employment contract”
It is a common misconception that courts don’t enforce “restraints of trade” (those clauses in employment contracts preventing former employees from competing with their previous workplace, soliciting their clients and/or poaching staff). In truth, courts will and frequently do, prevent former employees from acting in breach of their contractual restraints. That is…
Employment law myth No.6: “If I pay them a salary, the award doesn’t apply”
Most employees in Australia are covered by an industry or occupation-specific modern award which provides for minimum terms and conditions whilst so employed. Importantly, the awards set minimum pay rates depending on the employee’s classification under the award. The classification will (depending on the award in question) be determined by…
Employment law myth No.5: “If they’re not performing well, I can extend their probation”
Over the next few weeks, we’re dispelling some commonly held employment law misconceptions, in a series of short articles. Warning – may contain spoilers! Many employers consider that starting new employees off on an initial probationary period is a useful way to assess their suitability for the role, before deciding to offer them…
Employment law myth No.5: “If they’re not performing well, I can extend their probation”
Over the next few weeks, we’re dispelling some commonly held employment law misconceptions, in a series of short articles. Warning – may contain spoilers! Many employers consider that starting new employees off on an initial probationary period is a useful way to assess their suitability for the role, before deciding to offer them…
Workplace surveillance in NSW: having a computer surveillance policy is a mandatory requirement
There is a view in some businesses that the implementation of written workplace policies are something of a “nice to have” or an “optional extra”, and are ultimately a matter of choice for the employer. Whilst there may be no mandatory requirement to have a policy on many workplace matters, the situation in respect…