Fair Work Commission rejects argument that an unwritten employment agreement existed concurrently with a written director agreement

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by Lucy Wardle, Lawyer

The Fair Work Commission has dismissed a general protections application on the basis the applicant was solely a director – and not an employee. Consequently, the applicant could not have been “dismissed” as that term is defined within the Fair Work Act 2009 (Cth) and his general protections claim failed.

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Australian Human Rights Commission New Powers

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By Andrea McNamara, Senior Associate

As of December 2023 the Australian Human Rights Commission (AHRC) has new powers to enforce compliance with the positive duty of employers to prevent sex discrimination and harassment. The AHRC has new enforcement powers to initiate inquiries, make recommendations, issue compliance notices, refer matters to the federal court and enter into legally binding agreements with employers regarding required action.

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Sick & carer's leave

Pretty Please – Employers must request employees to work on public holidays

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On 28 March 2023 the Full Federal Court handed down a decision with major effects across various industries, regarding rostering employees on public holidays. The Court found that the employer Respondent, OS MCAP Pty Ltd, had contravened the Fair Work Act in rostering its employees to work on two public holidays, without providing reasonable requests beforehand.

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Restraint of Trade and Non-Compete Restraint Clauses

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Employment contracts, like terms and conditions, are often unread and can contain unexpected surprises if not reviewed carefully before signing. Employment contracts for senior employees or those with a position of influence over clients or client information usually contain ‘restraint of trade’ or ‘non-compete restraint’ clauses which can catch employees off guard when they leave their employment.

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An audit today keeps the Fair Work Ombudsman away: a practical guide for how businesses can avoid being caught out for underpayment

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By Nicholas Morrison, Law Clerk.

What do you need to be aware of?

An all-too-common pitfall for Australian employers is the risk associated with underpayment or falling behind on employee entitlements. In Australia, the pay and work entitlements of employees are primarily governed by the National Employment Standards and any applicable Modern Award; however, employers should also be aware of other entitlements that may arise from Enterprise Agreements, legislation, or employee contracts.

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