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Archive for October, 2009

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Five Things You Must Do When Making an Enterprise Agreement With Your Employees

Are you making an enterprise agreement with your employees? If so, there are 5 things you must do if you want it to be approved by Fair Work Australia:

  1. You must ensure that you properly explain the terms of the agreement, and the effect of those terms, to your employees.
  2. Your employees must not vote on the agreement until at least 21 days after they are given a “notice of representational rights” – and recognise those rights! (See below for a sample template).
  3. During the 7 day period before voting for the agreement, you must ensure that your employees have a copy of the agreement and access to any other material incorporated by reference in the agreement.

    4. CONTINUE READING

By Charles Power posted October 29th 2009

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Employees Who Take Excessive Amounts of Sick Leave Can Be a Pain

Dear Reader,

There’s no doubt about it… having employees who take excessive amounts of sick leave can be a real pain.

And often, it seems like there’s not much you can do about it…

Yes, dealing effectively with excessive employee absenteeism can certainly be a tricky task – but you don’t need to just give in!

CONTINUE READING

By Claire Berry posted October 29th 2009

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Your Workplace Policy Has to be Necessary and Fair

A recent unfair dismissal decision makes it clear that if you want to enforce a policy that restricts employees’ activities outside working hours, you will need to show that the policy has a necessary connection to your workplace (Kolodjashnij v Lion Nathan T/A J Boag and Son Brewing Pty Ltd. AIRC893. 16/10/09).

The decision ruled that it was fair for a brewery to dismiss a worker who had committed a drink-driving offence after hours.

Why? Because the brewery company maintained a responsible drinking policy, which prohibited the use of alcohol use outside of work hours as it would harm the company’s corporate reputation. The worker was sacked because the court case over the drink driving offence was likely to be reported in the media.

CONTINUE READING

By Charles Power posted October 27th 2009

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