FAIR WORK ACT & NES KNOWLEDGE BASE
FAIR WORK ACT & NES KNOWLEDGE BASE
The Fair Work Act & NES knowledge base are for those business owners looking for resources to help limit risk and ensure business compliance. The Fair Work Act & NES knowledge base resources are compiled from the main areas that business owners request advice and provide general information and guidance. If you require specific advice on The Fair Work Act & NES then contact us today.
PUBLIC HOLIDAYS
In this article we look at common issues that arise regarding public holidays in the workplace. There’s a public holiday coming up, are my employees entitled to a day off? The Fair Work Act 2009 (Cth) (FW Act) at section 114 outlines the basic position that an… READ MORE
REASONABLE ADDITIONAL HOURS
An employer must not request or require a full time employee to work more than 38 hours a week unless the additional hours are “reasonable”. Part time employees cannot be requested or required to work more than the lesser of 38 hours per week or their ordinary hours… READ MORE
INDIVIDUAL FLEXIBILITY AGREEMENTS
An Individual Flexibility Arrangement (IFA) is a written agreement used by an employer and employee to change the effect of certain clauses in their award or registered agreement. It is used to make alternative arrangements that suit the needs of the employer and… READ MORE
ADVERSE ACTION
Adverse action is action that is unlawful if it is taken for particular reasons. It is defined under s342 of the Fair Work Act and includes dismissing or refusing to employ a person (including employees and contractors) or otherwise negatively impacting upon that… READ MORE
CONTINUOUS SERVICE
Continuous service is defined under the Fair Work Act for various provisions including qualifying periods of employment (for relief from unfair dismissal), notice periods, severance entitlements in the case of redundancy, parental leave and flexibility requests… READ MORE
DEDUCTIONS FROM WAGES
An employer is prohibited from making any deduction from an employee’s wages without the employee’s specific authority and, even then, when this authority is obtained, such deduction can only be made for the purpose of paying a third party, for the benefit of the… READ MORE
FAIR WORK INFORMATION STATEMENT
An employer is required under the National Employment Standards to issue a Fair Work Information Statement to all new employees as soon as practicable after commencing employment. What Information Does The Fair Work Information Statement Contain? The Fair Work… READ MORE
RECORD KEEPING REQUIREMENTS
Employers are required by the Fair Work Act 2009 to keep employee records. What is Legally Required? Records relating to employees must contain: Name of the employee; Name of the employer and the Australian Business Number of the employer; Whether the employee’s… READ MORE
RIGHT OF ENTRY
One of the stated objects of the right of entry provisions under the Fair Work Act 2009 is to establish a balance between: The rights of organisations to represent their members in the workplace, hold discussions with potential members and investigate suspected… READ MORE
TEMPORARY SHUT DOWN
A shut down can occur where an employer temporarily shuts down its workplace. Typically, a shut down can occur during slow business periods. For some businesses, particularly in manufacturing or offices this may occur at Christmas or New Year. Can An Employer Direct… READ MORE
TRANSFER OF BUSINESS (ENTITLEMENTS)
A new employer in a transfer of business must consider what sort of accrued entitlements (such as leave and other service-related entitlements) the transferring employees have brought with them from the old employer. Continuous Service As a general rule, the Fair Work… READ MORE
TRANSFER OF BUSINESS (INSTRUMENTS)
The Fair Work Act 2009 states that a transfer of business occurs in a range of circumstances, not just a sale of business or similar transaction. When Does A Transfer Of Business Occur? There is a transfer of business from an employer (the “old employer”) to another… READ MORE
WORKPLACE DISCRIMINATION (CRIMINAL RECORD)
Discrimination generally occurs when a person is treated less favourably because of a particular characteristic. Anti-discrimination provisions regarding discrimination in employment on the basis of criminal record are found in international, Federal, and some State…. read more
WORKPLACE DISCRIMINATION (GENERAL)
Under Federal and State Laws, it is an offence to discriminate (treat them unfairly compared with others) on the basis of race, colour, sex, religious and political views, or other status, in your interactions, including in employment, and the provision of goods and… read more
INDEPENDANT CONTRACTOR VS EMPLOYEE
In addition to the employment of casual, part-time and full-time employees, many businesses engage independent contractors to provide services. Engagement of genuine independent contractors can provide businesses with flexibility around the size and location of their… read more
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