Workforce Advisory in Brisbane, Queensland, Australia | Labour & employment law solicitor

Workforce Advisory

Locality: Brisbane, Queensland, Australia

Phone: +61 1300 925 529

Address: Level 21, 179 Turbot Street 4000 Brisbane, QLD, Australia

Website: http://www.workforceadvisory.com.au

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25.01.2022 A recent Fair Work Commission decision involving a cruise operator struggling with the challenges of Covid-19 provides a good blueprint for other businesses in these troubled times. #covid #employmentlaw #cruiseship Fair Work Australia

25.01.2022 What is a registered organisation? A registered organisation is: an association of employers... an association of employees (a union), or an enterprise association which has been registered by the Fair Work Commission under the the RO Act.

25.01.2022 A roster is a timetable that shows the days and times employees are required to work. When an employer wants to change an employees regular roster or ordinary hours of work, they have to discuss it with the employees first. They have to: provide information about the change (eg. what the change will be and when)... invite employees to give their views about the impact of the change consider these views about the impact of the change. Awards, enterprise agreements and other registered agreements can set out extra rules about changing rosters and how and when employees are given rosters.

25.01.2022 We can help you with contracts of employment, independent contracts, and subcontract agreements.

24.01.2022 Unfair dismissal is when an employee is dismissed from their job in a harsh, unjust, or unreasonable manner. The Fair Work Commission (the Commission) in Australia decides on cases of unfair dismissal.

23.01.2022 Our Practice Director Dean Cameron shares some insight on a female employee made redundant on the eve of commencing parental leave, who has won significant damages in a recent FWC decision.

23.01.2022 Case: Purcell vs Western Australian Police A senior West Australian public servant has failed in his appeal bid to challenge a demotion in his classification, arising from a penalty imposed after a serious misconduct investigation initially recommended his termination for several significant policy and employment breaches.

23.01.2022 What is unlawful termination? Section 772 of the Act says that an employer must not terminate an employees employment for one or more of the following unlawful reasons: temporary absence from work because of illness or injury (within the meaning of the Fair Work Regulations 2009)... trade union membership or participation in trade union activities outside working hours (or during working hours with the employers consent) non-membership of a trade union seeking office as, or acting or having acted in the capacity of, an employee representative the filing of a complaint, or the participation in proceedings, against the employer involving alleged violation of laws or regulations or recourse to competent administrative authorities race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carers responsibilities, pregnancy, religion, political opinion, national extraction or social origin absence from work during maternity leave or other parental leave temporary absence from work for the purpose of engaging in a voluntary emergency management activity, where the absence is reasonable having regard to all the circumstances. See more

22.01.2022 Lawyers tend to be a little superstitious every day of the year We wear our lucky socks to court. We have our special brand of pen. We have a particular way of organizing our files.... Do you have any superstitions you'd like to share with us this Halloween?

22.01.2022 As part of their job, employees may be required to wear uniforms. In these situations, an employee may be entitled to a payment or repayment, depending on the industry and the job they do. Employees required to buy work-related items cant be forced by their employers to use their wages to pay for these items if the requirement is unreasonable.... If youre covered by an enterprise agreement or other registered agreement, payments for uniforms, vehicles, and travel will be contained in your agreement.

22.01.2022 A shiftworker is an employee who works shifts and gets an extra payment for working shift hours. An award, enterprise agreement or other registered agreement can have a specific definition of what a shiftworker is, and what type of shifts they can work.

22.01.2022 We assist directors and managers with workforce investigations, disputes, strikes and pickets. As well as workforce planning, policies, procedures, protocols, and restructuring.

21.01.2022 When an employee is terminated on the grounds of serious misconduct, the employer does not have to provide any notice of termination. However, the employer does have to pay the employee all outstanding entitlements such as payment for time worked, annual leave, and sometimes long service leave. Whether an employer needs to pay out long service leave depends on where the entitlement comes from, usually state or territory long service leave laws. Serious misconduct involves an ...employee deliberately behaving in a way that is inconsistent with continuing their employment. Examples include: causing serious and imminent risk to the health and safety of another person or to the reputation or profits of their employers business theft, fraud, assault, or refusing to carry out a lawful and reasonable instruction that is part of the job. Source reference: Fair Work Act 2009 s.117

21.01.2022 The FWC has determined that the termination of a senior manager due to reasons of redundancy was not genuine, but rather linked to dissatisfaction with his performance which the business failed to adequately address with him. Full article link below.

20.01.2022 Its our very first Workforce Advisory Lawyers Newsletter! Check out The Advisor Issue 1 - https://mailchi.mp//workforce-advisory-lawyers-newsletter-

20.01.2022 The Fair Work Commission in a majority decision has quashed on appeal an earlier decision by DP Boyce to approve two enterprise bargaining agreements. Undertakings provided by the employer failed to sway the Full Bench, and the appeal was upheld. One of the fundamental elements of successful enterprise bargaining negotiations is clear and precise communications. However, that was not overly apparent in this case. As described by DP Colman There was uncertainty in the companies’ explanation to employees about the way in which salaries for new rosters will be set. Full article below.

18.01.2022 A Brisbane auto wrecker, Brisbane Auto Recycling Pty Ltd, has become the first business in Australia to be successfully prosecuted for industrial manslaughter, following the death of a worker initially injured at their main business premises. Click on the article below to read more.

16.01.2022 Workers compensation is a form of insurance payment to employees if they are injured at work or become sick due to their work. Workers compensation includes payments to employees to cover their: wages while theyre not fit for work... medical expenses and rehabilitation. Employers in each state or territory have to take out workers compensation insurance to cover themselves and their employees.

16.01.2022 A notice period is the length of time that an employee or employer has to give to end employment. How to give notice: To end an employee’s employment (also known as firing or terminating employment), an employer has to give them written notice of their last day of employment (some exceptions apply).... An employer can give notice to the employee by: delivering it personally leaving it at the employee’s last known address, or sending it by pre-paid post to the employee’s last known address. Employees should check their award, any enterprise agreement contract of employment or workplace policy to find out how much notice they need to give to resign from a job. Employees who are resigning often don’t need to give notice in writing - they may be able to give it verbally.

15.01.2022 Happy Mothers Day To all mums, may your day be filled with love, joy, and laughter

15.01.2022 A rest break allows an employee to rest for a short period of time during work hours. Rest breaks are also referred to as crib breaks, rest pauses or tea breaks. A meal break is a longer period of uninterrupted rest that allows the employee to eat a meal. Awards, enterprise agreements, and other registered agreements provide for paid and unpaid rest breaks and meal breaks, including:... the length of the breaks when they need to be taken the rules about payment.

14.01.2022 The Fair Work Commission (FWC) has roundly rejected an employees claims that his long work breaks while on night shift were acceptable and part of ingrained workplace culture, and consequently have dismissed his unfair dismissal action. One question though, which wasnt addressed in the case, was what checks and balances existed to prevent widespread flagrant abuses by staff at the facility. Click on the LinkedIn article below to read more.

14.01.2022 Never forgotten. Always remembered.

13.01.2022 In a recent Fair Work Commission case, a long term HR managerial employee has failed to convince the Commission that his dismissal was harsh, unjust and unreasonable. Instead, DP Saunders ruled the decision to end his employment was due to reasons of genuine redundancy within the meaning of s.389 of the Fair Work Act.

13.01.2022 It is common for employers in the building industry to engage workers as casuals, but it is imperative that the initial engagement is correct, the entitlements understood, and the relationship monitored over time. There is an important obligation at the commencement of engagement of a casual employee under the Building and Construction General On-Site Award 2010 (the Award). Click below to read the full article on LinkedIn.

12.01.2022 Employment can end for many different reasons. An employee may resign or can be dismissed (fired). However it ends, it’s important to follow the rules about dismissal, notice and final pay. There are also different rights and obligations when a job is made redundant or when a business is bankrupt. For further information contact us at Workforce Advisory Lawyers.

12.01.2022 The building and construction industry Modern Awards will increase by 1.75% from the first full pay period starting on or after 1 November 2020. To see the full list of awards included click on the article below.

11.01.2022 An appeal in the Federal Court has upheld a decision to grant an employee redundancy pay, following a significant reduction in working hours. Both decisions affirmed the argument that the circumstances were consistent with the traditional meaning of termination extending to fundamental changes in employment conditions. To read the full article simply click below.

11.01.2022 THANK YOU to all the blue workers that have poured concrete this week. Australia needs the productivity of all workers on-site this month. Whether youre laying steel, building a wall, tiling a floor or laying pipe. You turned up, you put your boots on, your back into it building things because thats what you love to do. We thank the cleaners, the WHS bloke and hoist driver for keeping some distance. You are the BLUE ARMY of productive Australians keeping us moving, growing and building. Keep safe and thank your family. #BLUEARMY

10.01.2022 A Full Bench of the Fair Work Commission has upheld an appeal by BlueScope Steel (BlueScope) to quash a successful unfair dismissal application by a long term employee. The employee, who had a previous final warning for a safety breach, had been dismissed for a further safety breach involving a separate procedure. The case involved an employee engaged by BlueScope as a dispatch operator, a role he had performed for approximately 30 years. The role predominantly involved driving an overhead crane to move steel coils within a warehouse. Full article below.

10.01.2022 Can notice be paid out instead of worked? Yes. An employer can: let the employee stay employed through their notice period... pay it out to them (also known as pay in lieu of notice), or give a combination of the two. If the employer pays out the notice, the amount paid to the employee must equal the full amount the employee would have been paid if they had worked until the end of the notice period. This includes: incentive-based payments and bonuses loadings monetary allowances overtime penalty rates any other separately identifiable amounts. If the employer pays out the notice period, the employee’s employment ends on the date that payment in lieu of notice is made. The employee doesn’t stay employed during the notice period (or continue to accrue entitlements, such as annual leave). If the employer doesn't pay out any part of the notice period, the employee stays employed for the notice period. Employment can’t end on a date earlier than the day the notice is given.

08.01.2022 Although more common overseas, the Federal Court recently ruled on a case involving aged discrimination where a prospective suitable candidate was ruled out of the recruitment and selection process solely on the basis of being 70 years of age. Click on the LinkedIn article below to read more.

08.01.2022 Flexibility in the workplace allows employers and employees to make arrangements about working conditions that suit them. This helps employees maintain a work/life balance and can help employers improve the productivity and efficiency of their business. As long as employees are still receiving their minimum entitlements, employers and employees can negotiate ways to make their workplace more flexible. Examples include changing what hours are worked and where work is performed.... There are 2 formal ways employers and employees can make their workplace more flexible: flexible working arrangements - certain employees have the right to request flexible working arrangements individual flexibility arrangements - employers and employees can negotiate to change how certain terms in an award, enterprise agreement or other registered agreement apply to them.

06.01.2022 How will employers wind back or embrace the flexibilities gained, including working from home? What is the situation if an employee working from home refuses to return to work either because of concerns for their safety or simply that they have become accustomed to working from home and believe it should be their normal workplace moving forward? Likewise, what if your employer is seeking to cut office overheads, expand operating hours, and maintain flexibilities?... #covid19 #employmentlaw #returntowork

06.01.2022 The Fair Work Commission (FWC) has completed its 4-year review of various Modern awards including the Building and Construction General On-Site Award 2010, resulting in a significant number of changes to existing award provisions. Perhaps the most notable change is the replacement of the existing Industry Allowance with two percentage based allowances, resulting in new and slightly lower wage rates for what is defined as `Residential Construction Work. Click on the article below to read on LinkedIn.

06.01.2022 A Full Bench of the Fair Work Commission has issued a determination granting several temporary amendments to Building Industry Awards, in response to employment challenges arising from the COVID-19 pandemic. Key employer associations sought ten variations to the Building and Construction General On-site Award 2010 (the Building Award), the Joinery and Building Trades Award 2010, and the Mobile Crane Hiring Award 2010. Click on the article below to find out more.

06.01.2022 Happy Fathers Day! To all the great Dads out there who exemplify being a Dad

05.01.2022 The Fair Work Commission has accepted an employees claim that his selection for redundancy and subsequent termination was unfair, predicated by his activities as an elected Workplace Health & Safety Representative (HSR) rather than the reason he was given as being a poor performer. To read the full report simply click below.

04.01.2022 ROSSATO CASE: We will see legislative reforms regarding casuals or the introduction of permi-flex, the double-dipping of not applying the common law setoff right by the court must also be addressed in our opinion through appeal or legislation. There will continue to be a conflict between looking forward at chasms, gullies, gaps, potholes and cliffs of uncertainty as seen by management requiring casuals or a permi-flex workforce and those looking in the rear-vision mirror at a yellow brick road. The past through the eye of an employee will always appear significantly more certain with little regard for risk and the dangers seamlessly avoided. Todays management challenge is to communicate the uncertainty in a structured and accepting way for the workforce, to stop sanitising the risks, and tell the story not in realtime but timely.

04.01.2022 Casual Employment Update: The nature and definition of what is considered a casual worker has recently come under the limelight following the recent case from Workpac v Rossato. There is a lot of misleading information on this topic. Given the wide-reaching impact and consequences, we would like to take the opportunity to provide some clarification on our approach to casual work within our industry. Why is there so much talk about Casual works right now? ... For more information on this click on the article below.

04.01.2022 A notice period is the length of time that an employee or employer has to give to end employment. To end an employees employment (also known as firing or terminating employment), an employer has to give them written notice of their last day of employment. An employer can give notice to the employee by:... delivering it personally leaving it at the employees last known address, or sending it by pre-paid post to the employees last known address. Employees who are resigning dont need to give notice in writing - they can give it verbally.

03.01.2022 The Queensland Government has announced several legislative amendments to WorkCover Queensland legislation, arising from a five-year scheme independent review undertaken by David Peetz from Griffith University. Under the provisions of the Workers Compensation and Rehabilitation Act 2003, the workers compensation scheme must be reviewed every five years. To find out about the key recommendations click on the article below.

03.01.2022 As part of their job, employees may be required to drive. If they are travelling during work hours they may be entitled to vehicle entitlements. Employees travelling between job sites during work hours in the course of their duties have to be paid for all time spent travelling. They should also be paid the reasonable cost of public transport between the sites if relevant.... When an employee is asked to use their own vehicle to travel between work sites they get a vehicle allowance. This allowance isn’t paid if the employer provides transport or covers the cost of reasonable public transport.

03.01.2022 Its Star Wars Day! May the fourth be with you!

03.01.2022 We are currently working with contractors on major commercial projects throughout Australia.

02.01.2022 Workforce Advisory Lawyers has compiled a comprehensive list for employers about what they need to know in regards to the JobKeeper Allowance. This information may obviously change as time goes on but I hope it helps bring some clarity.

01.01.2022 A short term casual employee’s termination has been ruled unfair due to a failure to provide procedural fairness, highlighted by not giving the employee an opportunity to respond, failing to allow a support person to be present, and overreacting to issues concerning the employee’s behaviour. Moreover, the FWC has been highly critical of the role played by the company’s HR Manager stating she was incompetent in respect to her ability to deal with the termination of the employee. The employee commenced employment as a casual sales assistant with Bed Bath `N’ Table (BBNT) on 25 June 2018 and continued in the role until her dismissal on 1 March 2019. Her duties involved retail sales, customer service, stock replenishments as well as various other duties. Full article below via LinkedIn.

01.01.2022 Workforce Advisory Lawyers is trusted by large and small employers such as Builders, Local Government, Manufacturing, Education, Mining, Oil and Gas, Medical, Hispidity, Demolition and Civil Construction.