The Full Bench of the Fair Work Commission (FWC) ruled in January 2017 that the abandonment of employment clauses in six modern awards are not terms which are permitted or required to be included in modern awards under the Fair Work Act 2009 (Cth) (Act) and must be removed.

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Welcome to the first edition of the Holman Webb Workplace Relations Bulletin December 2014.

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The High Court has unanimously held that there is no implied term of mutual trust and confidence in Australian employment contracts.

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Two recent judgments of the Full Federal Court and Federal Circuit Court have resulted in awards of significant damages to employees in cases involving claims of sexual harassment, discrimination and adverse action (Richardson v Oracle Corporation Australia Pty Ltd; Sagona v R & C Piccoli).

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Who is an employee?

An employee performs work under the ‘control’ of another person in exchange for payment for the services he or she provides. A contract of employment may be express or implied, oral or in writing, but preferably in writing.

The High Court of Australia in the leading case of Hollis v Vabu Pty Limited (2001) 207 CLR 21 adopted a ‘multi-facet test.  Indicators of an employment relationship include:

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A decision of the Industrial Court of NSW has reiterated the need for labour hire employers to take a proactive approach to ensuring the safety of workers when lent on assignment to host employers (Inspector McGrath v Edmen Recruitment Pty Ltd [2012] NSWIRComm 108).  

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Levels of Support

The Scheme does not provide income replacement benefits, such as a disability pension or weekly compensation entitlement, but may fund supports, such as:

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Sexual harassment is an all too common and lamentable act that can damage an employer’s credibility and, to a degree, destabilises an organisation’s commercial goals. A recent case involving a software company and a consulting manager employed there, highlights the absolute importance of giving due attention to detail in policies, as the company was ultimately held responsible for an employee’s conduct because it failed to clearly state that sexual harassment is unlawful.

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Finding a competitive edge over rival organisations is essential to any organisation’s success - and the loss of sensitive information used to achieve that advantage can severely damage a business.

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The Paid Parental Leave Scheme ('PPL') commenced on 1 January 2011 in accordance with the provisions of the Paid Parental Leave Act 2010.

New parents who are primary carers of children born or adopted after this date are eligible to apply for the PPL payments. Such entitlements are available to all categories of employees, including casuals and may apply to contractors in certain circumstances.

The PPL operates in conjunction with any current entitlement that an employer provides to its employees under its employment contracts or policies.

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