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111 results found

Article

Clayton Utz | Australia | 21 Feb 2019

When are employers not required to pay redundancy payments?

If employers rely on the statutory exemption that a redundancy was "due to the ordinary and customary turnover of labour", they bear the evidentiary

Article

Clayton Utz | Australia, United Kingdom | 7 Feb 2019

Unreasonable refusal of Calderbank offer proves costly for employee in adverse action proceedings

While cost orders in Fair Work Act matters are rare, a former employee's failure to accept a reasonable commercial offer can enable an employer to

Article

Clayton Utz | Australia | 7 Feb 2019

Five years in: The upshot of the Fair Work Commission's 4-yearly review of modern awards

At the time the Fair Work Act 2009 (Cth) came into force, it provided that the Fair Work Commission would conduct a 4-yearly review of modern awards

Article

Clayton Utz | Australia | 29 Mar 2018

A casual focus on flexibility: the Fair Work Commission considers extending flexible work arrangements

With the Fair Work Commission looking at giving more casual employees the right to request a flexible work arrangement, employers who want to separate

Article

Clayton Utz | Australia | 21 Dec 2017

Technical problems with Notice of Employee Representational Rights in enterprise agreements - delays in legislative fix

Senate amendments have stalled the long-awaited legislation to give the Fair Work Commission discretion to approve an enterprise agreement despite

Article

Clayton Utz | Australia | 28 Sep 2017

The implied freedom of political communication does not help an employee who disagrees with their employer's policies

An employee's personal ability to express his or her own political views is not protected by the implied constitutional freedom of political

Article

Clayton Utz | Australia | 14 Sep 2017

New tenfold penalties for "serious contraventions" where does this leave franchisors and holding companies?

Holding companies and franchisors need to carefully consider the changes to responsibility for breaches of the Fair Work Act by subsidiaries or

Article

Clayton Utz | Australia | 31 Aug 2017

Breaking up ain't so easy: The employer union relationship during bargaining

In the absence of the "cut and run" option, business must engage and work with all employees and bargaining representatives (including unions) to

Article

Clayton Utz | Australia | 20 Jul 2017

Dominos fail to fall for the driver who wanted to have her pizza and eat it too

A recent Fair Work Commission decision has identified that dispute resolution procedures under enterprise agreements will not generally apply to

Article

Clayton Utz | Australia | 6 Jul 2017

The Fair Work Commission recognises that employers can set the agenda on response to bullying

Even where the Fair Work Commission finds bullying conduct has occurred, orders are not a fait accompli. The Fair Work Commission's anti-bullying

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