In Australia the relationship between employer and employees can be governed by an enterprise agreement, which seeks to cover all the employees of a particular employer, a modern award, which seeks to cover employees of various employers not covered by enterprise agreements who do the same type of work and sets out terms and conditions of employment or by common law contracts.
However the relationship is governed, the Fair Work Act 2009 sets out the National Employment Standards, which underpin the minimum terms and conditions of employment of all employees.
Enterprise agreements and modern awards must build on the NES or mean employees are better off than the NES provide.
Difficulties, which arise in the employer employee relationship may be avoided if a solid and clear basis is established at the start of the relationship.
The Litigation Team has experience in guiding both employers and employees to establish a solid foundation for a harmonious and productive relationship.
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Gene Hackman’s decision to leave his children out of his Will
Gene Hackman, the legendary Hollywood actor, was known for his remarkable film career with an impressive array of roles in films like The French Connection, Unforgiven, and The Royal Tenenbaums. Hackman amassed not only fame but also a significant fortune over his...
Employers on Notice: Bad Behaviour is Going to Cost
Introduction The landscape of workplace law is undergoing significant change, as amendments to the Fair Work Act 2009 (‘the Act’) by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 and Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024...
Case update: Steen v Trustees of the Diocese of Tasmania [2023] TASSC 3
The recent decision in Steen v Trustees of the Diocese of Tasmania [2023] TASSC 3 demonstrates the continuing trend of courts to award survivors of historical sexual abuse significant damages. In the 1980s Steen, when aged between 9 and 16 was abused by Reverend...
A timely reminder from Qantas
In the case Qantas Airways v Transport Workers Union of Australia [2023] HCA 27, the central question on appeal for the High Court was to determine whether Qantas’ decision to outsource its baggage handlers was a contravention of the general protections provisions of...
5 Tips for an Effective Position Description
5 tips for an effective position description 1. Be crystal clear – it is imperative to document the duties, competencies and responsibilities of the position in writing to afford certainty to the parties as to the requirements of the role. This includes all and any...
The dichotomy of vicariously acting for God in cases of intentional wrongs
The Victorian Supreme Court of Appeal on 3 April 2023 ruled that a Diocese was liable for the criminal acts of an assistant priest as an ‘apparatus of God’ - leaving little scope to separate the intentional wrongs of a member of clergy from the religious institution....