Recent decision by Victorian Court of Appeal may affect drafting of post-employment restraints

A recent decision by the Victorian Court of Appeal confirms the willingness of courts to uphold reasonable post-employment restraints agreed to by employees of professional services firms. Read more of this post

Ensure Compliance with Workplace Laws

 Even though the Fair Work Act 2009 has been in full operation for just over 2 years, we are continually surprised by the amount of outdated employment contracts  and workplace policies still in use.  The Fair Work Act introduced the National Employment Standards (NES) and Modern Awards.  The NES brought about changes to a number of minimum terms and conditions, which necessitated amendment to many existing employment contracts and workplace policies in order to bring them in line with the NES.

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A number of employment law changes came into effect from 1 July 2011

Unfair dismissal threshold, minimum wage rise from 1 July; employers role under paid parental leave scheme increases

With effect from 1 July 2011, the high income threshold for excluding non-award employees from bringing unfair dismissal claims rises to $118,100.  Commentary on who may bring an unfair dismissal claim can be found at 7.3.1 of the Employment Law Guide.  The same threshold applies as the level of guaranteed annual earnings that means that an employee will be a “high income employee” excluded from the application of modern awards; see 5.3.4 of the Guide. Read more of this post

Modern Award Wages to Increase by 3.4%

Fair Work Australia has completed its second annual wage review under the Fair Work Act 2009.  It has determined that there will be a 3.4% increase in modern award wages, effective from the first pay period on or after 1 July 2011.  Revised modern awards which include the increased wages will be published on Fair Work Australia’s website.  A similar increase will be applied to transitional instruments under the Act which constitute part of the safety net, such as transitional Australian Pay and Classification Scales (APCS). Read more of this post

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