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  1. Sorry for delay in responding, but Greg Schmidt...

    Sorry for delay in responding, but Greg Schmidt has most of it covered.

    Essentially, the Award system will apply to an employee if the employer falls within the coverage of the award AND the...
  2. Will depend on what your contract states. ...

    Will depend on what your contract states.

    Acting in a role does not guarantee your appointment to that position if there was no contracts stating the move to the higher position. The company is in...
  3. The Hierarchy of The Australian Industrial system...

    The Hierarchy of The Australian Industrial system is (and if the first does not apply, keep going down the list until one does):

    1. Enterprise Agreements (Collective agreements etc) or if you are...
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    Hi there Sam Firstly, I would start by asking...

    Hi there Sam

    Firstly, I would start by asking what the company policy is for flexible work arrangements. However, I would not say based on your question that you were seeking a flexible...
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    Agreed - But to simplify the above, read the NES...

    Agreed - But to simplify the above, read the NES specifically, Section 62(1) that simply reads "An employer must not request or require an employee to work more than the following number of hours in...
  6. OK. Firstly, we would all like to think IR is a...

    OK. Firstly, we would all like to think IR is a wonderful colourful world, but it to say it is very black with some odd bits of white....

    Lets strip it back to reality shall we here. There is no...
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    This unfortunately is not an unheard of practice,...

    This unfortunately is not an unheard of practice, where businesses operate to undermine the unweary young workers.

    Essentially despite the operation of a CA (collective agreement) or an Award, the...
  8. I would be interested in the industry or award as...

    I would be interested in the industry or award as the classification level my prohibit that classification from being on call and in order for them to be on call, may automatically reclassify them at...
  9. Annual leave remains and accrues with you while...

    Annual leave remains and accrues with you while the employee maintains 'service' with the employer (s.87 -FWAct), irrespective of the role changes within the employer.

    The only effect role...
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    Other than common law contractual issues you...

    Other than common law contractual issues you mention, however, in its simplest form:

    An EBA can only cover an employer and its employees (s53 - FWAct). None of the EBA terms can been implied or...
  11. The issues here relate to business costs. I...

    The issues here relate to business costs. I assume there is a probation period; here such periods are generally provided to allow both parties to assess each other in suitability, it’s not seen as a...
  12. If your business (their job) has been...

    If your business (their job) has been traditionally award free, there wouldn't be a statutory obligation for him to give a minimum period of notice, however, If his employment was covered by a MA, it...
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    As far as the Act provides, refer to section 524...

    As far as the Act provides, refer to section 524 providing that if none of the conditions of a thou c can be met (which from your post suggests is not due to 'lack of work') then the employees are...
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    Lets get back to basics here. It's 'Personal...

    Lets get back to basics here.

    It's 'Personal Leave' not sick leave. It's an entitlement protected by the NES, and unlike annual leave it cannot be refused by an employer on any grounds and an...
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