Articles


Your questions answered: Can we change our employees’ hours?

Industrial Instruments

Q: Under the enterprise agreement, any change to part-time hours can only be made by mutual agreement. Is there any other lawful option to change these?

By Portner Press on November 30th, 2018

Your questions answered: Do we have to pay wages early if the normal pay date falls on a weekend or public holiday?

Industrial Instruments

Q: When an employer pays its employees on a monthly basis, is there an obligation to pay on the same day of the month every month? What about Weekends?

By Portner Press on November 21st, 2018

Employer ordered to pay $40K for breach of agreement

Industrial Instruments

  It is not uncommon for union bargaining representatives to seek the inclusion of ‘job security’ clauses in enterprise bargaining agreements (EBAs). These clauses prevent the employer from using third party contractors in a way that might undermine job security […]

By Charles Power on September 28th, 2018

Why make an enterprise bargaining agreement?

Industrial Instruments

If you operate in a large organisation, an EBA can be a more efficient means to regulate employment, rather than having a myriad of individual employment agreements.

By Charles Power on September 26th, 2018

When will loaded-up rates in an agreement pass the BOOT?

Industrial Instruments

Recently, the FWC issued a ruling that provides guidance as to how they will assess an agreement containing loaded rates in substitution for award penalty rates.

By Charles Power on July 4th, 2018

Company breaches its casual conversion clause, hit with compensation

Industrial Instruments

A worker who refused a permanent part-time role with fewer hours per week than he was receiving as a casual, has won compensation from the Federal Court.

By superuser on May 18th, 2018

Be wary of ‘union meeting’ clauses in EBAs

Industrial Instruments

In late 2016, a union organised a campaign against a builder who was principal contractor at nine construction projects in the Brisbane metropolitan area. This conduct is ordinarily unlawful under the Fair Work Act 2009 (Cth), however...

By Charles Power on May 14th, 2018

Your questions answered: How can we change an enterprise agreement during the access period?

Industrial Instruments

Q: We have just discovered that the rates of pay in an enterprise agreement that is currently in its access period prior to a vote are incorrect! What is the best way to rectify this?

By Jeff Salton on May 9th, 2018

Workers better off even after switching to lower base rate

Industrial Instruments

When a council outsourced its respite services in day centres to a not-for-profit provider, the new employer became bound by the Council’s enterprise agreements with 13 Council employees who transferred their employment to the new provider.

By Charles Power on February 28th, 2018

Your questions answered: Do I have to consult workers about potentially entering an enterprise agreement?

Industrial Instruments

If a union is trying to coerce an employer into taking out an enterprise agreement, does the employer have to ask the employees what they want?

By Jeff Salton on February 23rd, 2018