HR KNOWLEDGE BASE

LEAVE

Annual Leave

Annual leave is an entitlement under the National Employment Standards (NES) for all full-time and part-time employees under the national system. The annual leave provisions of the NES should be read in conjunction with any annual leave provisions in an applicable...

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Community Services Leave

Community services leave is an entitlement under the National Employment Standards (NES) for all employees under the national system. This leave entitlement provides employees with a right to be absent from work to engage in prescribed community activities such as...

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Compassionate Leave

Compassionate leave is an entitlement under the National Employment Standards (NES) for all employees under the national system. Compassionate leave is for employees when a member of their immediate family or a member of the their household contracts a personal...

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Family & Domestic Violence Leave

On the 1st August 2018 a term providing 5 days of unpaid leave to deal with family and domestic violence came into operation in all Modern Awards. This entitlement applies to all employees, including casuals. All employees are entitled to 5 days unpaid family and...

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Long Service Leave

Each State and Territory has legislation providing for long service leave, although the amount of leave and the qualification for leave, either the taking of it or the payment in lieu on termination, differs between the jurisdictions. The National Employment Standards...

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Maternity, Paternity & Parental Leave

Under the National Employment Standards (NES) an eligible employee is entitled to unpaid parental leave, which includes birth-related leave and adoption-related leave. The leave must be associated with the birth of a child to the employee, the employee’s spouse or the...

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Personal Leave

Personal leave is an entitlement under the National Employment Standards (NES) for all employees under the national system. Personal leave is for employees who are unable to work due to illness or injury (“sick leave”) or due to the need to care for an immediate...

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FAIR WORK ACT

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...

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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....

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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TERMINATION

Abandonment of Employment

Abandonment usually arises in circumstances where an employee is absent from work without a reasonable excuse for an unreasonable period of time without having communicated to the employer any reason for the absence. Some Awards may contain explicit provisions in...

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PERFORMANCE MANAGEMENT

Performance Management & Disciplinary Action

These procedures are a guide to managing issues of non-performance in the workplace. Delaying or ignoring performance management is one of the most costly mistakes a business can make. Decisions should be made promptly to develop and improve team members to a higher...

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HUMAN RESOURCES

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...

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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...

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Goal Setting

The modern employment environment requires that businesses manage talent retention and development as a part of its overall business strategy and ensure performance management systems are in place to identify and nurture top talent, and improve on weaknesses and...

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Independent 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...

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