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Archive for September, 2009

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4 Ways to Adapt the NES to Suit Your Needs

As you no doubt already know, the National Employment Standards (NES) commence on 1 January 2010. The NES will provide minimum statutory employment conditions for employees in the national system (and Victoria).

Some of these entitlements do already exist – like parental leave, annual leave, personal/carer’s leave and maximum weekly hours – but some are new. These new entitlements include the right to request flexible working arrangements, community service leave and notice of termination and redundancy pay.

But these entitlements are not set in stone!

If you wish, you can reach an agreement with individual employees about NES entitlements.

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By Charles Power posted September 29th 2009

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The Workplace Problem of Running Late

Dear Reader,

I got a great question from a subscriber to the Employment Law Practical Handbook last week.

It’s about a niggly little workplace problem you have probably experienced yourself – and not known exactly how to deal with.

So I thought I’d share the question (and its answer!) with you today…

Here’s the query I received:

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By Claire Berry posted September 29th 2009

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How to Make Modern Awards Suit Your Business

Last week, I promised to show you the alternatives to making an enterprise agreement under the Fair Work Act.
And there a quite a few options available to you…

Today, I’ll start by showing you 3 ways you can make modern awards better suit the needs of your business when they are introduced on 1 January 2010.

1. Make an Individual Transitional Employment Agreement (ITEA)

In early March 2008, ITEAs replaced AWAs as a form of statutory agreement that can be made with individual employees until 31 December 2009. By making an ITEA, you can avoid a modern award applying to your employees altogether (although the ITEA cannot provide for a base rate of pay less than the relevant modern award rate!).

If you employed someone under an AWA as at 1 December 2007, then you can make an ITEA with new employees (or with existing employees on AWAs). If you do make an ITEA, it cannot have a nominal expiry date beyond 31 December 2009 but it will continue to apply after this date unless it is terminated or replaced. The ITEA will operate subject to the National Employment Standards (NES).

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By Charles Power posted September 22nd 2009

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