LITIGATION AND WORKPLACE RELATIONS

Employer & Employee Relations

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.

OUR LITIGATION AND WORKPLACE
RELATIONS TEAM

Philip Brewin
Greg Doran
Caroline Mostafa
Tarryn Jeffery
Tom Drake
Melonee Davies

Topics We’ve Written About

Preparing for Work May Not Be Work

Preparing for Work May Not Be Work

In Seo v Bindaree Food Group Pty Ltd [2020] FWC 6468 the issue of whether preparing for work can be categorised as work arose. Mr Seo’s complaint was that having to remove personal protective equipment and clean himself before he entered the break room meant that he...

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WorkPac v Rossato: Special Leave Application Granted

WorkPac v Rossato: Special Leave Application Granted

On Thursday, 26 November 2020, the High Court of Australia granted labour hire company, WorkPac, special leave to appeal the recent Full Court decision of WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato). Rossato Prior to the Rossato decision, casual workers had...

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Can Someone Unrelated to Me Make a Claim on My Estate?

Can Someone Unrelated to Me Make a Claim on My Estate?

 In Victoria, if you are not included as a beneficiary under a Will, you can apply to the Supreme Court of Victoria for provision under Part IV of the Administration and Probate Act 1958 (Vic) (“the Act”).  The Act provides that persons eligible to apply are:  The...

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Useful Guidance On When Employees Can Be Stood Down

Useful Guidance On When Employees Can Be Stood Down

As the global pandemic continues to present uncertainty to various industries, Justice Geoffrey Flick’s decision in Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association (No 3) [2020] FCA 1428 provides guidance on determining the lawfulness of a...

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Redundancy: Have You Been Turned Over?

Redundancy: Have You Been Turned Over?

You are a cleaner who works for a company, which holds a cleaning contract for a shopping centre. What happens to you when the company loses the cleaning contract? Well unless the company can place you at another site at which it still holds a contract or the new...

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    Nevett Ford Melbourne Pty Ltd

    ABN: 144 697 790

    Level 16, South Tower, Rialto Building, 525 Collins Street
    Melbourne, VIC 3000