The Turnbull Government announced on 18 April 2017 that it is abolishing its 457 visa program and replacing it with a new Temporary Skill Shortage visa program. Implementation of the visa reforms commenced immediately and are to be completed in March 2018. Read about its implications for employers.
An employer has been cleared of adverse action claims because it was able to demonstrate that its decision not to employ a candidate was based on medical evidence relevant to whether the candidate could perform the inherent requirements of the particular position.
The Federal government’s proposed amendment to the Fair Work Act 2009 (Cth) (Act) to address exploitation of workers will, if it becomes law, affect employers, related body corporates, franchisors and franchisees. The proposed changes include increasing pecuniary penalties tenfold for serious contraventions of the Act.
Post employment restraints is a buzzing topic at the moment and in this short article by Warwick Ryan of Swaab Attorneys, he provides a few tips for employers on how to review this issue in their own workplaces. “Without effective post-employment restraint clauses – who really owns the business?” he asks.
Richard Ottley details the recent decision of AMWU v Donau Pty Ltd  FWCFB 3075 where the majority of the Full Bench of the FWC determined that periods of “regular and systematic” employment as a casual before an employee becomes permanent are to be counted as periods of service for the purpose of calculating notice and redundancy pay.
Madgwick’s Partner Michelle Dawson again provides us with an HR Manager’s “To Do” list for this year. “Happy 2017! With the new year now in full swing, here is this year’s list of 10 key items that we think should be on every HR Manager’s (or business owner’s) “To Do” list in 2017.”
The Full Court of the Federal Court has overturned the FWC’s approval of an enterprise agreement made with employees who had not commenced work covered by the agreement.
“The two Bills that triggered the nation’s double dissolution election, namely, the Registered Organisations Bill 2014 and the Building and Construction Industry (Improving Productivity) Bill 2013, have passed through Parliament,” writes the team at Cooper Grace Ward in this article.
Sandra Barry of Cooper Grace Ward writes how “the Full Bench of the Fair Work Commission (FBFWC) has taken a non-negotiable stance on compliance with the procedural requirements of enterprise bargaining in the Fair Work Act 2009 (Cth) (FWA)”. Recent cases are cited to highlight the issue in this article.
The Federal Circuit Court of Australia has observed that the minimum notice period provided for by the National Employment Standards (NES) should not preclude implying a term requiring reasonable notice of termination into employment contracts that do not include an express termination clause.