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Employer Tips| Fairwork Online


Employer Tips


Redundancy and Unfair Dismissal

Recent case law suggests that an employee whose position has been made redundant may still be able to take unfair dismissal action if their former employer has failed to follow the correct procedure in effecting the redundancy....read more


Employee or Contractor?

Employers at times may decide to engage professionals as contractors (rather than employees) for specialised projects that may require a certain level of skill....read more


New Online Store - Download your Employment Templates Instantly

Fair Work Online has launched its NEW Online Store, which allows employers and business owners to download Employment Templates for immediate use within the workplace....read more


Can you terminate an Employee who is on Sick Leave?

The Fair Work Act 2009 (Cth) prohibits the termination of an employee for certain reasons, and one of those reasons is where an employee is temporarily absence from work because of illness or injury. ...read more


Dealing with Employees who take illegitimate 'sickies'

An employer can always challenge an employee if the employee deliberately misleads the employer about the reasons for their absence....read more


How can an Award Flexibility Agreement help my business?

An Award Flexibility Agreement is a special written agreement between an employer and an individual employee...read more


What happens if an Employee resigns without notice?

If an employee intends to resign, the employee is required to provide notice of termination ...read more


The Dilemmas of Fixed Term Employment Agreements

Employers at times offer some employees 'fixed term' employment agreements that operate for a fixed period of time (i.e 12 months).  When using such agreements, there are some important issues that employers should take into consideration....read more


Employee dismissal for swearing at manager considered 'unfair'

Fair Work Australia (FWA) has ordered that an employee who was terminated after swearing at his manager be reinstated to his former position after he filed an unfair dismissal application....read more


Abandonment of Employment

An employee may be taken to have abandoned their employment if he or she simply 'walks off the job', or fails to return to work after a period of authorised leave....read more


Types of Employment - Getting it Right

This blog will focus on the different employment types of individuals who are employees under the law....read more


Changes to the Fair Work Act

On 15 October 2012, the Government announced that some changes would be made to the Fair Work Act 2009 arising from an independent review that was carried out....read more


Requests for Flexible Working Arrangements from Employees

Under the National Employment Standards, every employee who has a responsibility for the care of a child under school age, or a person under 18 years of age who has a disability, may request a change in working arrangements to assist him or her in caring for the child or person....read more


Can a Casual Employee claim Unfair Dismissal?

Does a casual employee have the same rights as permanent type employees in relation to unfair dismissal? ...read more


What is a General Protections Claim?

Under the Fair Work Act 2009, a person must not take adverse action against another person, because that other person has a workplace right, exercises a workplace right, or proposes to exercise a workplace right....read more


Minimise your Legal Risks this Festive Season

It's that time of the year again when your social calendar starts to fill up with work Christmas parties, drinks and end of year functions.  But you need to remember this......read more


What is Sham Contracting?

When engaging contractors to perform work for your business, you need to be very careful that you do not misrepresent that an employment arrangement is an independent contractor arrangement....read more


Work Experience Arrangements

Employers may at times arrange to have unpaid volunteers or work experience "interns" carry out work in their business on a short or long term basis, and in some industries, this arrangement is very common....read more


New iPhone App has been released for Members

Fair Work Online has just released its NEW iPhone App for the benefit of all Members....read more


New Document Builder Released

Fair Work Online has released a new Document Builder for Members, which will allow you to build your own employment documents and customise them to suit a particular employee and cater for your organisation's individual needs. ...read more


Changes to Superannution

The superannuation guarantee percentage will increase from 9% to 9.25% for superannuation which accrues from the beginning of the quarter, starting on 1 July 2013....read more


How to Manage Long Term Employee Absence

At times employers may find themselves in a position whereby an employee is absent from work on an account of illness or injury that is not work-related for a prolonged period of time, and knowing what action to take to manage the situation may be tricky....read more


Permitted Pay Deductions

The Fair Work Act 2009 (Cth) regulates the circumstances in which a deduction can be made from an employee's pay....read more


Workplace Bullying

A recent unfair dismissal case has shed some light on what may be construed as 'workplace bullying', and what is expected of an employer in dealing with such....read more


New Workplace Bullying Laws

A Federal Government Bill was passed in June 2013 that will introduce new anti-bullying measures to take place from 1 January 2014. ...read more


Dismissal by Text Message

A recent decision of the Commission indicates that employers should be very careful when determining how to communicate to an employee that their employment is being terminated....read more


What's New in 2014?

Some changes to workplace laws came into effect on 1 January 2014, and below is a short summary of those changes....read more


Changing Regular Rosters or Ordinary Hours of Work

Where an an Employer proposes to introduce a change to the regular roster or ordinary hours of work of employees, the Employer must now first consult with such affected employees...read more


Giving Notice for Possible Termination Meetings

A recent decision of the Commission suggests that employers should give reasonable prior notice of a meeting that may result in termination...read more


The Basics of Casual Employment

Casual employment can be described as an arrangement whereby an employee is enagaged to work on a 'shift by shift' basis...read more


What is Procedural Fairness?

Procedural fairness relates to the procedures used rather than the actual outcome reached....read more


Jury Duty and your Employees

There may come a time when an employee is called up to attend for jury selection and / or jury duty...read more


How to avoid an Unfair Dismissal claim

There are steps that you as an employer can take to protect yourself and significantly improve your chances of successfully defending an unfair dismissal claim...read more


How to Defend a General Protection Claim

This article will explain what a general protection claim is, and it will provide tips on how to defend such a claim....read more


Truck Driver speeds 10,000 times, causes $6,000 in damage - Dismissal Unfair

In a recent unfair dismissal case, an employee was awarded $12,000, despite speeding 10,000 times over a 14 month period and causing $6,000 damage to the employer's work truck....read more


Proposed Changes to Annual Leave Rules

The Fair Work Commission has recently announced proposed changes to the annual leave provisions in each Modern Award....read more


Can an employee be instantly dismissed for swearing?

It is important for employers to understand their legal position when swearing does occur in the workplace...read more


Accruing Annual Leave whilst on Workers Compensation

A recent case clarifies this issue for employers....read more


Non Work-related Illnesses / Injuries - What are your rights?

 For how long does an employer need to wait until it can terminate an injured employee's employment and employ someone else to fill the position?...read more


Non Work-related Illnesses / Injuries - What are your rights?

 For how long does an employer need to wait until it can terminate an injured employee's employment and employ someone else to fill the position?...read more


Non Work-related Illnesses and Injuries - What are your rights?

 For how long does an employer need to wait until it can terminate an injured employee's employment and employ someone else to fill the position?...read more


Non Work Related Injuries - What are your rights?

 For how long does an employer need to wait until it can terminate an injured employee's employment and employ someone else to fill the position?...read more


Non Work Related Injuries...What are your rights?

 For how long does an employer need to wait until it can terminate an injured employee's employment and employ someone else to fill the position?...read more


Non Work Related Injuries and Employer Rights

 For how long does an employer need to wait until it can terminate an injured employee's employment and employ someone else to fill the position?...read more


Non Work Related Injuries and Employer Rights

For how long does an employer need to wait until it can terminate an injured employee's employment and employ someone else to fill the position?...read more


ANNUAL WAGE REVIEW DECISION 2015

The Minimum Wage is to increase by 2.5% from 1 July 2015...read more


Report Recommends Major Workplace Law Changes

The Productivity Commission's Draft Report has made numerous recommendations that are likely to impact employers....read more


Restraints of Trade - A Summary

A restraint of trade prevents or restricts an employee from doing certain things after the employment ends....read more


Calculating Time Off In Lieu of Payment

Time Off In Lieu allows an employee to work overtime, and then take paid time off work instead of receiving payment for overtime worked....read more


Terminating an Employee for incapacity can be costly

A recent decision of the Commission has broadly demonstrated what employers must do before they make decisions based on an employee’s fitness for work....read more


Termination for Serious Misconduct

Under the Fair Work Act, an employer can instantly terminate an employee's employment, where the employee has engaged in 'serious misconduct'. ...read more


What is the difference between an Employment Agreement and an Employee Handbook?

With so many employment agreements, templates and other documents used in business these days, it is sometimes confusing to know what applies when, and how best to implement such documentation to more effectively protect your business....read more


What Information do your Employees need to have access to?

The Fair Work Act 2009 requires that employers provide their employees with certain documents, or give their employees access to such documents....read more


Employee Confidentiality and Restraints of Trade

Employee confidentiality is a legal principle that prevents an employee from using or disclosing to a third party any confidential information that belongs to their employer during employment (other than in the course of the employee's employment) or after the employment has ended....read more


Can I extend an employee's Probationary Period?

This is a very common question employers ask themselves after having employed a new staff member who may not be suitable for the business. Before we answer this question, it is best that we explain the purpose of a probationary period....read more


Managing Poor Employee Performance

There will always be times where the standard of some employees’ performance fall below what an employer expects of them. In such circumstances, a certain procedure should be followed by an employer....read more


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