These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR managers and HR directors.
At these events we present an overview of what we consider to be the most significant cases decided in 2015, and what they teach us about managing your workforce - together with our practical tips.
We also talk about what is coming up in 2016, and how you can get ready for what will be another busy year in employment law.
We will be covering the following topics:
• working time/travel time
• social media update
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• the latest on tribunal fees
• what's coming up in 2016.
https://www.brownejacobson.com/sectors-and-services/services/employment
Lexology Getting the Deal Through Employment: InternationalMatheson Law Firm
Niall Pelly, Alice Duffy and Rachel Kelly outline the key considerations for international employers in Ireland including disciplinary procedures and the courts system.
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR managers and HR directors.
At these events we present an overview of what we consider to be the most significant cases decided in 2015, and what they teach us about managing your workforce - together with our practical tips.
We also talk about what is coming up in 2016, and how you can get ready for what will be another busy year in employment law.
We will be covering the following topics:
• working time/travel time
• social media update
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• the latest on tribunal fees
• what's coming up in 2016.
https://www.brownejacobson.com/sectors-and-services/services/employment
Changes on the Horizon: The DOL's Proposed Rules Regarding Independent Contra...Jim Cowan
This Presentation covers the DOL's new Proposed Rules. Topics covered include:
• The DOL Adopting more Restrictive Tests for Independent Contractor
• The Proposed Changes to DOL White Collar Exempt Status Regulations
• The Computer Professionals Exemption Decision Tree
• The Salary Basis Test, Permitted Salary Deductions
• The Exceptions from "No Pay-Docking" Rule
• Examples & Effects of Improper Deductions
• Payroll Practices that Do Not Violate the Salary Basis Test
• Additional Compensation.
DISCLAIMER:
By using this site and accessing the information presented by CowanPerry, PC., you understand that there is no attorney client relationship between you and CowanPerry, PC. The site and information contained therein should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The information contained on this site is summary in nature and does not include all conditions, limitations, or exceptions that may be applicable to a particular situation. Every effort has been made to present current information without inaccuracies; however, errors, additions, deletions, and changes in the laws or procedures may occur and could make the information out of date or inaccurate. CowanPerry, PC does not assume any liability whatsoever for the "up-to-dateness", accuracy and completeness of the information.
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR managers and HR directors.
At these events we present an overview of what we consider to be the most significant cases decided in 2015, and what they teach us about managing your workforce - together with our practical tips.
We also talk about what is coming up in 2016, and how you can get ready for what will be another busy year in employment law.
We will be covering the following topics:
• working time/travel time
• social media update
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• the latest on tribunal fees
• what's coming up in 2016.
https://www.brownejacobson.com/sectors-and-services/services/employment
Recorded on June 13, 2013. - This webinar, intended for community workers, presents options for workers who have been fired or laid off. It looks at when an employer can fire an employee, what a worker can do if they are wrongfully dismissed, and what the Courts or the Ministry of Labour look for when dealing with dismissal cases.
Watch an archived recording of this webinar and download copies of presentation materials at
http://yourlegalrights.on.ca/webinar/wrongful-dismissal
Fair Work Australia: Right to Request Flexible Working Arrangements ways2work
The Right to Request Flexible Working Arrangements, Business Forum, 19 May 2010, Melbourne, Presenter former Commissioner Domenica Whelan, Fair Work Australia. Outline of the 'right to request' provisions of Australia's Fair Work Act
Calculation of Damages in Wrongful Termination LitigationThomas Econometrics
When evaluating the economic damages in wrongful termination litigation, the central question being addressed consists of two components:
1. What is the likely compensation (including benefits) that the plaintiff would have earned but for the alleged wrongful termination;
2. What is the likely compensation (including benefits) that the plaintiff can be expected to earn from alternate employment given the alleged wrongful termination.
The amount of damages is equal to the difference between the two compensation streams. The task at hand, then, is to appropriately calculate the two
compensation streams.
Unfair Dismissal - Misconduct (2 of 4) Webinar SlidesShorebird RPO
In the second webinar of this series on unfair dismissal, Barrister Helen Gardiner gives us a whistle stop tour of Misconduct and what an employer really should know.
If you would like to view the full webinar, please email marketing@shorebird-rpo.com and we will happily email the recording immediately, or why not join our LinkedIn Webinar Network to access all our archives http://linkd.in/1acZPdh
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR managers and HR directors.
At these events we present an overview of what we consider to be the most significant cases decided in 2015, and what they teach us about managing your workforce - together with our practical tips.
We also talk about what is coming up in 2016, and how you can get ready for what will be another busy year in employment law.
We will be covering the following topics:
• working time/travel time
• social media update
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• the latest on tribunal fees
• what's coming up in 2016.
https://www.brownejacobson.com/sectors-and-services/services/employment
As many are aware, putting an end to the confusion that prevailed among Immigration Practitioners for almost two decades, the Administrative Appeals Office (AAO), through a Precedent decision, Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), clarified that an amended H-1B Petition, with the corresponding LCA, is required to be submitted to United States Citizenship and Immigration Services (USCIS) when there is a material change in the terms and conditions of employment.
The first of its kind, this seminar is held to provide participants with the knowledge and skills to effectively manage the documentation and processes for employees with prolonged illness or employees with inability to work due to occupational hazards, leading to medical boarding out.
Maurice Blackburn provided union lawyers and industrial officers with the opportunity to gather CPD points with content that was relative to their industries. Presenters include Barristers Bob Reed and Cate Hartigan, and Maurice Blackburn Employment and Industrial Section Principal Giri Sivaraman.
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR managers and HR directors.
At these events we present an overview of what we consider to be the most significant cases decided in 2015, and what they teach us about managing your workforce - together with our practical tips.
We also talk about what is coming up in 2016, and how you can get ready for what will be another busy year in employment law.
We will be covering the following topics:
• working time/travel time
• social media update
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• the latest on tribunal fees
• what's coming up in 2016.
https://www.brownejacobson.com/sectors-and-services/services/employment
Lexology Getting the Deal Through Employment: InternationalMatheson Law Firm
Niall Pelly, Alice Duffy and Rachel Kelly outline the key considerations for international employers in Ireland including disciplinary procedures and the courts system.
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR managers and HR directors.
At these events we present an overview of what we consider to be the most significant cases decided in 2015, and what they teach us about managing your workforce - together with our practical tips.
We also talk about what is coming up in 2016, and how you can get ready for what will be another busy year in employment law.
We will be covering the following topics:
• working time/travel time
• social media update
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• the latest on tribunal fees
• what's coming up in 2016.
https://www.brownejacobson.com/sectors-and-services/services/employment
Changes on the Horizon: The DOL's Proposed Rules Regarding Independent Contra...Jim Cowan
This Presentation covers the DOL's new Proposed Rules. Topics covered include:
• The DOL Adopting more Restrictive Tests for Independent Contractor
• The Proposed Changes to DOL White Collar Exempt Status Regulations
• The Computer Professionals Exemption Decision Tree
• The Salary Basis Test, Permitted Salary Deductions
• The Exceptions from "No Pay-Docking" Rule
• Examples & Effects of Improper Deductions
• Payroll Practices that Do Not Violate the Salary Basis Test
• Additional Compensation.
DISCLAIMER:
By using this site and accessing the information presented by CowanPerry, PC., you understand that there is no attorney client relationship between you and CowanPerry, PC. The site and information contained therein should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The information contained on this site is summary in nature and does not include all conditions, limitations, or exceptions that may be applicable to a particular situation. Every effort has been made to present current information without inaccuracies; however, errors, additions, deletions, and changes in the laws or procedures may occur and could make the information out of date or inaccurate. CowanPerry, PC does not assume any liability whatsoever for the "up-to-dateness", accuracy and completeness of the information.
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR managers and HR directors.
At these events we present an overview of what we consider to be the most significant cases decided in 2015, and what they teach us about managing your workforce - together with our practical tips.
We also talk about what is coming up in 2016, and how you can get ready for what will be another busy year in employment law.
We will be covering the following topics:
• working time/travel time
• social media update
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• the latest on tribunal fees
• what's coming up in 2016.
https://www.brownejacobson.com/sectors-and-services/services/employment
Recorded on June 13, 2013. - This webinar, intended for community workers, presents options for workers who have been fired or laid off. It looks at when an employer can fire an employee, what a worker can do if they are wrongfully dismissed, and what the Courts or the Ministry of Labour look for when dealing with dismissal cases.
Watch an archived recording of this webinar and download copies of presentation materials at
http://yourlegalrights.on.ca/webinar/wrongful-dismissal
Fair Work Australia: Right to Request Flexible Working Arrangements ways2work
The Right to Request Flexible Working Arrangements, Business Forum, 19 May 2010, Melbourne, Presenter former Commissioner Domenica Whelan, Fair Work Australia. Outline of the 'right to request' provisions of Australia's Fair Work Act
Calculation of Damages in Wrongful Termination LitigationThomas Econometrics
When evaluating the economic damages in wrongful termination litigation, the central question being addressed consists of two components:
1. What is the likely compensation (including benefits) that the plaintiff would have earned but for the alleged wrongful termination;
2. What is the likely compensation (including benefits) that the plaintiff can be expected to earn from alternate employment given the alleged wrongful termination.
The amount of damages is equal to the difference between the two compensation streams. The task at hand, then, is to appropriately calculate the two
compensation streams.
Unfair Dismissal - Misconduct (2 of 4) Webinar SlidesShorebird RPO
In the second webinar of this series on unfair dismissal, Barrister Helen Gardiner gives us a whistle stop tour of Misconduct and what an employer really should know.
If you would like to view the full webinar, please email marketing@shorebird-rpo.com and we will happily email the recording immediately, or why not join our LinkedIn Webinar Network to access all our archives http://linkd.in/1acZPdh
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR managers and HR directors.
At these events we present an overview of what we consider to be the most significant cases decided in 2015, and what they teach us about managing your workforce - together with our practical tips.
We also talk about what is coming up in 2016, and how you can get ready for what will be another busy year in employment law.
We will be covering the following topics:
• working time/travel time
• social media update
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• the latest on tribunal fees
• what's coming up in 2016.
https://www.brownejacobson.com/sectors-and-services/services/employment
As many are aware, putting an end to the confusion that prevailed among Immigration Practitioners for almost two decades, the Administrative Appeals Office (AAO), through a Precedent decision, Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), clarified that an amended H-1B Petition, with the corresponding LCA, is required to be submitted to United States Citizenship and Immigration Services (USCIS) when there is a material change in the terms and conditions of employment.
The first of its kind, this seminar is held to provide participants with the knowledge and skills to effectively manage the documentation and processes for employees with prolonged illness or employees with inability to work due to occupational hazards, leading to medical boarding out.
Maurice Blackburn provided union lawyers and industrial officers with the opportunity to gather CPD points with content that was relative to their industries. Presenters include Barristers Bob Reed and Cate Hartigan, and Maurice Blackburn Employment and Industrial Section Principal Giri Sivaraman.
On Tuesday 18 February, the Lower House of the Dutch Parliament passed the legislative proposal for the Work and Security Act by a significant majority. However, a number of amendments were made which will have profound implications for the legislative proposal.
In light of the aforementioned developments, AKD has drawn up a summary of the eleven main changes and the consequences they will have for employers.
Update after adoption of legislative proposal by the Dutch Parliament
1. Modification of dual system
2. Terminating an employment contract for a definite period of time
3. Transition fee
4. Settlement Agreement
5. Professional development obligation
6. Chain Regulation (Ketenregeling)
7. Trial period under a temporary contract
8. Non-competition Clause
9. Successive term of employment
10. Risk rules
11. Unemployment Act
A presentation given by David Fry from the Confederation of British Industry (CBI) Northern Ireland to a public consultation event on zero-hours contracts, hosted by the NICVA Centre for Economic Empowerment on 19 September 2014.
A detailed guide of the regulations facing UK employers dealing with workplace pension auto enrolment. This guide gives a valuable insight into what must be done to ensure your processes are both compliant and legal.
Thought leadership interactive PDF for Croner Solutions that captures the thoughts of experts on key developments in HR, employment and health & safety. It looked look back on past and also future trends to deliver valuable insight.
time
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR managers and HR directors.
At these events we present an overview of what we consider to be the most significant cases decided in 2015, and what they teach us about managing your workforce - together with our practical tips.
We also talk about what is coming up in 2016, and how you can get ready for what will be another busy year in employment law.
We will be covering the following topics:
• working time/travel time
• social media update
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• the latest on tribunal fees
• what's coming up in 2016.
https://www.brownejacobson.com/sectors-and-services/services/employment
Welcome to our Vietnam Labor Law Review of April - May 2018 is the "Workplace investigation for labor disciplines" contents:
A. LEGAL INSIGHTS:
1. Amending 03 important Decrees that guide the implementation of the Labor Code on salary, labor contracts, labor discipline and implementation of regulations on grassroots democracy at the workplace
2. Is it advisable to expand the right of employers to unilaterally terminate the labor contract?
B. ISSUED LABOR LAW DOCUMENTS – FEBRUARY 2018
– Written by LE & TRAN | Vietnam’s Premier Boutique Litigation Firm
Vietnamese and more, please visit our website: letranlaw.com.vn
At these events we present an overview of what we consider to be the most significant cases decided in 2016, and what they teach us about managing your workforce. We won’t just tell you the law – we will tell you what you need to do about it.
We also cover what is coming up in 2017, and how you can get ready for what will be another busy year in employment law.
Topics discussed include:
• working time/travel time
• social media
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• preparing for the Gender Pay Gap
• what’s coming up in 2017.
In this month's edition we look at:
• mutualisation - a case study on the establishment of a new mutual company owned by an employee ownership trust
• procurement - transparency and technical specifications – how guidance from a recent ECJ judgment may help ensure compliance with EU treaty principles
• state aid - does it really affect trade between member states?
• public rights of way - the potential impact of a recent Planning Court decision on public rights of way applications
• employment law - collective consultation, the meaning of ‘establishment’ and the implications of the Woolworths case
• public sector prosecutions – how the potential impact of new draft sentencing guidelines may impact upon the role of prosecutors in criminal courts
• Election 2015 - implications of the Conservative Manifesto.
The OHL Wire ISSUE 17: Off the Plan Purchase - NSW changes in response to sun...Christine Hui Jun Zhong
In Issue 17 of The OHL Wire, we look at some of the NSW changes in response to sunset date concerns in off the plan purchases and the employment law issues that need to be on your radar in 2016. We discuss whether a video message from the grave can be considered as evidence for a valid will. We also look at your rights as a beneficiary of a will and tips for reducing the time of a property settlement during Christmas and New Year Season in Australia. We also check out upcoming events in Sydney and provide you with the top 5 business trends for 2016.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
1. THE FUTURE OF THE BOOT AND LOADED RATES IN
ENTERPRISE AGREEMENTS
2. Agenda
o Enterprise bargaining under the Fair Work Act 2009 (Cth) and its predecessors
o Approving enterprise agreements – the BOOT and triage process
o Trends in loaded rates agreements
o Hart v Coles Supermarkets Australia Pty Ltd [2016] FWCFB 2887
o SDA v Beechworth Bakery [2017] FWCFB 1664
o Loaded Rates Case
o Lessons from recent cases
o Qld State Government agencies and local councils: the QIRC approach
o Will loaded rates replace penalty rates?
3. 0 1 0 2
0 3 0 4
Enterprise Bargaining in Australia
1900’s 1990
1996 2009
Awards set by industrial tribunals Certified agreements between
unions and employers
No disadvantage test
Union, non-union and individual
collective agreements
Union and non-union enterprise
agreements. Parliament regulates
minimum conditions. BOOT
5. Enterprise
Bargaining under
the FW ActKey legislative provisions - Part 2-4 of FW Act
o Bargaining and representation during bargaining
o Pre-approval steps and applications for approval
o Genuinely agreed and BOOT
o Agreements approved with undertakings
o Person must not contravene a term of an enterprise
agreement (s 50) – civil remedy provision
6. BOOT
Sections 186(2)(d); 193 FW Act
o EA passes the BOOT if the FWC is satisfied, as at the test
time, that each award covered employee, and each
prospective award covered employee, would be better off
overall if the agreement applied than the modern award
o Onus on employer to show agreement passes BOOT
o Debate about whether BOOT should apply to each worker
individually or the majority of workers on a more general
analysis
o Difficult where non-monetary benefits provided
7. Which Modern
Award?
o Only one modern award covers an employee
o Will need to consider multiple modern awards in applying
the BOOT if different awards cover different classes of
employees
o Consider the major, substantial or principal aspect of the
work performed by the employee at the test time
o Question of fact
8. Applications for
approval – FWC
o 6 October 2014 – 30 June 2015 triage pilot implemented
o Triage implemented to “fast track” agreement making
process
o Full assessment of statutory requirements in relation to
bargaining, voting and other approval requirements
o Independent report 2015 – triage is efficient and more
cost effective
o July 2018 – What’s Next Program
Triage approach
10. Loaded rates
o Award benefits incorporated into one loaded rate
o Can include:
• shift allowances
• weekend penalties
• payment for reasonable additional hours
• payment for overtime
• work-related allowances
o Employers used reconciliation clauses and undertakings to
pass BOOT
11. Har t v Cole s Su pe rmarke ts Au stralia Pty Ltd
[201 6] FWCFB 2887
Facts: Decision:
o Agreement approved in first instance with
higher base rate of pay and non-monetary
benefits (in lieu of no or reduced penalty
rates)
o Part-time employee appealed decision on
basis the agreement left a number of
employees worse off than the award
o Provided certain roster scenarios to the
FWC
o Each worker must be better off – not the
majority of workers
o Did not pass the BOOT because the loaded
rates in the agreement disadvantaged
those employees who worked primarily at
times which attracted lower penalty rates
under the agreement as compared to the
award
12. SDA v Be e ch wor t h Bake r y [201 7] FWCFB 1 664
Facts: Decision:
o Union objected to decision to approve
agreement on same grounds as Coles
o Employer argued roster scenarios put
forward by union weren’t used by the
company
o Beechworth gave a reconciliation
undertaking that employees could request
every four months to compare what they
would have been paid under the award
o Every roster scenario permitted under the
agreement is relevant and must be
considered for the BOOT, even if not used
by the employer
o Undertaking not capable of satisfying
concerns regarding BOOT because:
• Must create enforceable right to
payment – here it didn’t;
• Only arises if employee requests it;
• Delay in employee being paid
13. Aldi Foods Pt y Limit e d v SDA [201 7] HCA 53
Facts: Decision:
o FWC determined agreement passed BOOT
and was genuinely agreed
o Full Bench agreed with FWC
o Full Court determined that because 17
managers were not working in the positions
at the time of the vote, agreement was not
genuinely agreed. Agreement also did not
pass BOOT
o High Court – Full Court wrong about
genuinely agreed, correct about BOOT
o It is not whether the employees voting for
the agreement are actually employed
under its terms, but rather whether the
agreement covers all employees who may
in future have the terms and conditions of
their jobs regulated by it.
o Not enough that a reconciliation clause will
pass the BOOT
14. Loaded Rates
Case
o 8 applications for approval of enterprise
agreements referred to Full Bench
o All agreements raised issues about how the
BOOT should be applied where loaded rates
are concerned
o Security, retail and labour hire
15. Loaded Rates Case
Loaded Rates Agreements [2018] FWCFB 3610
Each employee Ordinary hours Current employees
o Each employee to be
considered
o Members of a class
must have a common
BOOT outcome
o Examine practices
o Classes identified
based on working
hours
o Look at what
agreement permits
o Look at existing
rosters and compare
loaded rates against
penalty rates
o May be evidence
rosters permitted are
not practicable
16. Loaded Rates Case
Loaded Rates Agreements [2018] FWCFB 3610
Prospective employees Evidence BOOT
o Defined workplaces –
predictions about
rosters based on
existing employees
o New business – wide
range of patterns need
to be considered
o Information
concerning work
patterns should be
included in F17
o Mathematical
assessment
o Will be more difficult
where non-monetary
benefits provided
17. Loaded Rates
Case - Casuals
o Difficult where casual employees concerned
o “True casuals” and “Regular Casuals”
Tips to pass the BOOT for true casuals:
o providing the casual with some other benefit to offset the
disadvantage;
o imposing some restriction on when a casual could be
engaged to work; and/or
o require the hours of a casual to be balanced over time
between hours which attract penalties and those which
don’t.
18. Lessons from recent cases
Who is preparing your Form F17?
Application by CFMMEU [2018] FWC 4995 (31 July
2018)
Misleading content on Form F17 may result in
criminal charges
Derbarl Yerrigan Health Services Inc [2018] FWCFB
2721 (29 June 2018)
Don’t rely on advice from the FWC Civica BPO Pty Ltd [2018] FWC 4376 (31 July 2018)
Undertakings are capable of rectify the BOOT where
loaded rates are concerned
CFMMEU v Allstyle Concrete [2018] FWCFB 3823
(28 June 2018)
Have you explained enough? / Can’t genuinely
agree to some employment groups
One Key Workforce Pty Ltd v Construction, Forestry,
Mining and Energy Union [2018] FCAFC 77
(25 May 2018)
EA with three employees is ok
Thiess Pty Ltd v CFMMEU [2018] FWCFB 2405 (7
June 2018)
19. Enterprise
bargaining under
the IR Act
Key legislative provisions: Chapter 4, Part 1 IR Act
o Collective bargaining process
o Good faith bargaining
o Conciliation and arbitration
o Granting applications – no disadvantage test
20. Enterprise
bargaining under
the IR Acts 199, 210 Industrial Relations Act 2016 (Qld)
o No disadvantage test
o Applied on global basis. Provided that any reductions in
employment conditions are offset by improvements, so
that over all employees do not suffer a disadvantage, an
agreement will pass the test
o Can certify agreement notwithstanding it reduces
entitlements or protections provided it isn't against the
public interest
21. Au st ralian Su gar M illin g Associat ion ,
Qu e e n sland, Un ion of Employe rs v th e Au stralian
Worke rs’ Un ion of Employe e s, Q u e e n sland an d
O t h e rs (2004) 1 77 QGIG 1
Facts: Findings:
o Agreement contained a system of “flexible
working hours”, removing right to overtime
payments and replacing it with a time off in
lieu system
o Company maintained system was a short
term emergency arrangement to reduce
labour costs over the life of the agreement
o Reconciliation undertaking provided
o Agreement didn’t pass no-disadvantage
test – reduced entitlements to overtime
payments
o Overall disadvantage was greater for those
seasonal employees
o Use of flexible work system was a
reasonable strategy to deal with a short-
term crisis
o Although the agreement didn’t pass the
no-disadvantage test, it was approved on
the public interest exception
22. 0 1 0 2
0 3 0 4
Will loaded rates replace
penalty rates?
Hospitality Award 2010 Small business
Award system is complex Penalty Rates Decision
“Alternative” payment arrangement
permitted – loaded rate is 25%
above award rate
Agreements not always appropriate
Difficult for employers to comply Loaded rates would remain part of
safety net
23. Murray P ro c te r
Pa r t n e r
P ho ne : (07) 3001 9225
04 02 967 1 71
Emai l : M.Proct er@ Cla rkeKa nn.com.a u