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Uncategorized November 20, 2014

Great news for franchisors and parties who have similar interest businesses

Ananth Pty Ltd as the Trustee for Rajah Family Trust & Others T/A 7-Eleven [2014] FWC 7836 (18 November 2014) Many smaller franchise operations or groups of employers who operate similar businesses, find it very difficult to manage industrial relations across the group. Individual Enterprise Agreements are expensive to negotiate and are often intimidated by […]

Uncategorized November 15, 2014

NSW Local Government: changes in the management of redundancies

The Local Government Award 2014 (NSW), covering NSW Local Councils (“the LG Award”) is now in operation, replacing the 2010 LG Award. There has been a key change in this Award’s provisions dealing with redundancies. Clause 39 of the LG Award specifies the procedure for Councils to implement workplace changes, some of which may include […]

Uncategorized November 10, 2014

Dealing with culturally diverse clients – Part 1

In mid-November, Brian was asked by a national conference organiser to present a paper dealing with managing cultural diversity in clients and customers. It soon became apparent to him that many employers have never turned their minds to this issue, but that there are great business reasons as to why they should do so. The […]

Uncategorized September 28, 2014

Doctrine of mutual trust & confidence and why the decision in Commonwealth Bank of Australia V Barker will be important

The doctrine of mutual trust and confidence currently applies in Australia due to the Decision of the Full Bench of the Federal Court in Commonwealth Bank of Australia v Barker [2013] FCAFC 83. However, the case is on appeal to the High Court and a decision is expected shortly. In this article we explain the […]

Uncategorized September 23, 2014

New codes of practice released by Workcover NSW

In accordance with the national harmonised work health and safety laws that were adopted by NSW in 2012, WorkCover NSW has released 12 new Codes of Practice. Some replace a number of existing codes that were in place under previous occupational health and safety laws. The 12 new Codes of Practice are: First aid in […]

Uncategorized September 15, 2014

Proposed amendments to the Fair Work Act 2009 (Cth)

The Bill to amend the Fair Work Act 2009 (Cth) (“FW Act”), tabled in late February 2014 by the Government, has now passed the House of Representatives. While we cannot predict whether the Bill will be passed (in whole or in part) by the Senate, due to the power of the independent Senators, all employers […]

Uncategorized August 28, 2014

Links between compensation litigation and unfair dismissal applications

Qantas Airways Limited v L [2014] FWCFB 3582 (12 June 2014) What happens when an applicant pursues claims based on the same factual matrix in two jurisdictions? This issue has now been examined by a Full Bench of the Fair Work Commission. “L” had been an airport baggage handler employed by Qantas since December 1989 […]