Articles
Myth: If I do not have a written employment contract I only need to apply the National Employment Standards (NES) notice provisions in terminating employment.
This is not correct. It may be that an employee, particularly a long term employee, is entitled to reasonable notice in excess of the notice provided by the NES. What constitutes reasonable notice depends on the circumstances of each case but, as a general rule, the...
Myth: I do not need an employment contract I can just rely on the award.
Myth: I do not need an employment contract I can just rely on the award. Busted: We would not recommend this. An award is the industrial instrument that sets out the minimum terms and conditions of employment, awards do not necessarily deal with all matters that are...
MYTH: When an Enterprise Agreement reaches its nominal expiry date it ceases to operated.
This is not correct. An Enterprise Agreement will continue to operate after the nominal expiry date has been reached unless it is terminated or replaced. The risk of an Enterprise Agreement operating as an industrial instrument after its nominal expiry date is...
MYTH: A small business can never have a claim for unfair dismissal made against it.
This is not correct. A claim for unfair dismissal cannot be made unless the employee has completed the minimum period of employment. The minimum period of employment for a small business employer (less than 15 employees) is 12 months and six months for all other...
MYTH: If I have an employment contract with an employee the award does not apply.
This is not correct. If an award applies to a role, it is the industrial instrument for that role. An award sets out the minimum terms and conditions of employment. An employment contract cannot reduce any award entitlement, it can provide additional...
UPDATE: Family and Domestic Violence Leave
UPDATE for August 2018: The FWC has updated all industry and occupation awards to include a new clause about family and domestic violence leave. The new clause applies from the first full pay period on or after 1 August 2018. Employers! It is a good time to...
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