Flourish Employment Blog
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Workforce Planning in a Slowing National Economy: A Timely Refresher on Change Management and Redundancies
With the Sydney housing boom slowing, in combination with a weakened Australia dollar and political instability as a consequence of the Turnbull government being ousted, it is no surprise that big corporates with large footprints in Australia are thinking about, and...
Labour for Hire: What you need to know
When you think about it, it is inconceivable to imagine certain Australian industries such as construction, agriculture and the resources sector (to name a few), continuing to function, much less survive, without the supply of labour via labour hire. Given that many...
The Fair Work Commission Anti-Bullying Jurisdiction: Has the Fair Work Commission Stopped Bullies?
Under Part 6-4B of the Fair Work Act 2009 (Cth) (“Act”), the Fair Work Commission (“Commission”) has the power to make a ‘stop bulling order’ when a worker has been bullied at work, unless the alleged bullying conduct amounts to “reasonable management action” carried...
Why Every Employer Needs to Consider the Implications of Modern Award Coverage
“If I pay above minimum wage, does the modern award still apply”? Many employers struggle with the complex myriad of legislative and regulatory requirements surrounding the employment and remuneration of workers. The role of modern awards and how they apply are one of...
The $100,000 reason to keep your payslips and employee records in order
With the start of the new financial year and the annual increase in minimum wages, many businesses have most likely reviewed their pay rates and modern awards to ensure their company’s compliance in this regard. However, many businesses are failing to get some of the...
Flexibility in the Workplace: Does it actually work?
Flexible working arrangements have become more and more popular over the years. Traditionally, this was something used by working mothers and carers, but as social norms have evolved, it has become very common for all types of workers to want to adopt flexible working...
Unfair Dismissal and The Fair Work Commission
National Minimum Wage Update The Fair Work Commission handed down a decision on Friday, 1 June 2018 increasing the National Minimum Wage by 3.5%. This means the National Minimum Wage will increase to $719.20 per week or $18.93 per hour and comes into effect on 1...
Are your employment contracts ‘comic’ enough?
Ordinarily, there is nothing very comic about legal contracts. In particular, employment contracts can be long, difficult to understand and full of legalese. As a way of tackling this, there is an emerging trend to think outside the box when it comes to contract law...
Legal Representation in The Fair Work Commission
If your business has a matter before the Fair Work Commission (“FWC”) you may automatically think that the legal representation in which you engage has the right to appear on your behalf. However, this is not the case. The issue of legal representation before the FWC...
Employer’s Duty of Care – How far does it go?
We hear the words “duty of care” used commonly but in terms of an employment relationship, what does this really mean for employers and how far does the duty really go? By way of introduction, there are a number of duties that are owed by an employer to an employee....
Going from Grey to Greyer! When can social media posts result in termination of employment?
The explosion of social media use over the years presents many challenges to the employment relationship. The use of social media has the potential to blur the boundaries between work and non-work life which has led to many employers being perplexed in situations...
The Flexibility Quandary: Challenges for Employers in Keeping Pace with the Modern Workplace
The environment in which work is conducted is no longer constrained by traditional notions of a workplace where certain tasks and activities are completed, between the hours of 9am and 5pm, Monday to Friday. The modern workplace is constantly changing, and employers...
Legal Update – Jan – March
Quarterly Case Law Round-up and Learnings for Employers There have been a number of interesting and noteworthy cases determined by our judiciary in the employment law space in the last quarter. In this legal briefing we provide an overview of two significant cases....
Are Your Employees’ Personal Lives, Company Business?
In light of the recent exhaustive and intrusive media coverage about The Honourable Barnaby Joyce MP’s affair with his staffer, the question that should be asked is whether the personal life of an employee is something with which the employer should be concerned or...
Ready or not, here it comes! 2018 brings a new wave of employment developments
What is on your agenda for the coming year? Employers should get ready for what looks to be another fast-paced year filled with employment law developments. In the lead up to an election year next year, employment matters are squarely in forefront of political debate....
What to do in the Case of a Serious Accident at Work
Employers are required to ensure the work health and safety of workers while at work. Not only is work health and safety within the workplace a legal requirement for employers, but workplace injuries can have a significant impact on a business and severe consequences...
Should I Be Getting Paid for This?
Unpaid internships are increasingly becoming the default way of beginning a professional career in Australia. Last May, we wrote about the increased use of volunteer and unpaid workers by employers and the potential legal issues surrounding the use of unpaid work...
Quarterly Round-Up of Legal Developments in Employment Law
There have been a number of interesting legal matters heard by our judicial system within the employment law area in the last quarter. In this legal briefing, we provide an overview of two informative and instructive cases for employers, each dealing with their own...