ELM TV EXCLUSIVE – Hear what Cathy Lyndon’s views are on the developments in the Industrial Relations and Enterprise Bargaining area within Australia. Are you aware of all these?
Read why the Full Bench upheld Bupa’s right to change the rosters of over 2,200 part time employees across its 29 aged care homes in NSW in this article by Calum Cook – Bupa A&NZ’s Deputy General Counsel – Care Services, Employment and Litigation.
In the Paul Williams and Ors v Staples Pty Ltd case, “the FWC ordered the applicants be reinstated in light of the available redeployment opportunities, the fact that there was no evidence of any deterioration in the employment relationship and the applicants’ unblemished work records.”
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.
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.
Experienced IR Senior Associate, Kate Lehane, thinks that “something which is causing a lot of concern for employers at the moment are the prescriptive processes around enterprise bargaining and issues surrounding the ‘better off overall test’. A number of recent decisions have created some real doubt around these issues,” she writes in this exclusive.
Minter Ellison’s Special Counsel Cathy Lyndon recently spoke at the HR Law Masterclass series on recent developments on employment law within Australia. In this exclusive article, Cathy provides us with answers and explanations to questions received from attendees at the event; this is a must read!
The Full Court of the Federal Court has reinstated employees retrenched in breach of the redundancy terms of their enterprise agreement, even though the employer had adequately consulted with them. Senior Associate Tarsha Gavin and Lawyer Tom Kavanagh of Allens report.
“Employers need to present material to the FWC that demonstrates that each employee covered by a proposed agreement will be “better off overall” when compared to the relevant award,” writes Nick Le Mare in this submitted article.
Nicole Dunn of Carroll & O’Dea Lawyers provides us with another practical article! This time, she tells us that “it’s not uncommon that we encounter an employer at the wrong end of a claim because they’ve bought into an “employment law myth” so we’ve busted a few employment myths”.