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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My employer wants everyone back in the workplace, can I refuse to return?
While many of us are celebrating a gradual return to the workplace and some semblance of a pre-COVID normality, this is not necessarily a sentiment shared by all. Whether by reason of health concerns, adaptation in lifestyle or relocation, a number of Australians will...
Is freedom of speech recognised in the workplace?
Unlike the United States, Australia has no constitutional guarantee of the right to freedom of speech but instead enjoys freedoms by virtue of common law. Such freedoms include freedom of religion, movement, speech and association. In the absence of such...
COVIDSafe workplaces – employers and employees’ obligations explained
After public health advice resulting in a minor delay of the initial plan, Victorian workplaces are now returning to offices today, Monday, 18 January 2021. As of Monday, a capacity of 50% of employees are permitted in private office buildings, and 25% for public...
We now have a vaccine. But, can we enforce its use?
With the UK vaccinating against COVID-19, and this predicted for Australia in early 2021, employers may soon find their employees questioning whether they can be directed to be vaccinated. Crucial to any employment relationship is that employees must comply with any...
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...
Do I have an obligation to look after my adult child after my death?
In the recent case of Joss v Joss [2020] VSC 424, the Court had to determine whether an a parent who provided for an adult child had a moral duty to continue to do so after his death, even when there was no legal obligation on the parent to do so. Background Peter...
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Nevett Ford Melbourne Pty Ltd
ABN: 80 144 697 790
Level 16, South Tower, Rialto Building, 525 Collins Street
Melbourne, VIC 3000