Some modern awards also contain terms about redundancy.
Employment Dispute Services Are you involved with an employment dispute with one of your employees? If so, the Employment Relations Department can assist you on behalf of the employer through our employment dispute service.
We are able to assist you as an actual representative or alternatively by providing advice and assistance to you behind the scenes without the other party Employment relations being aware.
Alternatively, by providing advice and assistance to you behind the scenes, we can advise you about the appropriate course of action and draft your correspondence. This has become quite a popular service as it reduces the likelihood of the dispute escalating and increases the likelihood of the dispute being resolved.
Industrial Relations and Compliance Audits Employers have a legal obligation under the Fair Work Act and the Fair Work Regulations to keep accurate and complete time and wages records and to issue pay slips to each employee.
Employee records must legally be kept for a period of 7 years from the date an entry in an employee's record is changed, or 7 years from the date the employee's employment is terminated.
An employee record that is made and kept by an employer must be: The Fair Work legislation requires that employee records and pay slips contain specific information. These requirements are designed to ensure that workers receive their correct wages and conditions under the legislation.
In addition, other instrument such as Awards, place documentary obligations on employers that also must be met.
Fair Work Inspectors can issue employers with an infringement notice for failing to meet pay slip and record keeping requirements under the legislation.
The maximum fines payable from an infringement notice are: In recent times, a number of hospitality employers have faced prosecution and heavy penalties for breaching provisions of the Fair Work Act Charles will also provide recommendations for the improvement of your employment relations recording practices.
We can also provide an estimate of our fees! These changes must be complied with.
Where you have a workplace Agreement in place and it was made prior to 1 Julyyour Agreement has automatically been amended by the operation of the fair work legislation. The major Amendments 1. A term of a transitional instrument has no effect where the term is detrimental to an employee when compared to an entitlement provided by the NES — the better condition will prevail.
This assessment is referred to as the 'no detriment test'. From 1 July each year sincethe base rate in your Agreement must be at least the equivalent rate in the corresponding modern award.
Examples of Automatic Amendments Some examples of how a NES entitlement can override a similar entitlement of a registered workplace agreement are as follows: Annual Leave - A registered workplace agreement provides that annual leave will accrue monthly.
The effect of the Fair Work legislation is that the NES accrual provision will apply and override the registered workplace agreement accrual provision as the registered agreement accrual entitlement is detrimental when compared to the NES accrual entitlement.
Redundancy Pay - A registered workplace agreement provides that a permanent employee is entitled to 6 weeks redundancy pay after 3 years continuous service. The NES provides that a permanent employee is entitled to 7 weeks redundancy pay after 3 years continuous service.
The effect of the Fair Work legislation is that in relation to a permanent employee made redundant with 3 years continuous service, the 7 weeks redundancy pay provision of the NES will apply and override the 6 weeks redundancy pay provision of the registered workplace agreement as the registered agreement redundancy entitlement is detrimental when compared to the NES redundancy pay entitlement.
An example of how a base rate of pay in an award can override a base rate of pay of a registered workplace agreement is as follows: Higher Base Rate of Pay - The base rate of pay ie. This is regardless of the registered workplace agreement stating a lower base rate of pay.
Adult Apprentice Wage Rates The minimum base rates of pay payable to adult apprentices covered by registered workplace agreements has also been effected by the operation of the Fair Work legislation.
Many registered workplace agreements that commenced prior to 1 January did not make provision for adult apprentice rates of pay.
These employees were paid the applicable apprentice rate of pay based on the year of apprentice with no reference to age. The operation of the Fair Work Legislation would therefore require those adult employees, despite being covered by a registered workplace agreement, to be paid the minimum adult apprentice base rates of pay under the HIGA and RIA as the relevant modern award.Welcome to Chapman Employment Relations.
Kay Chapman and her team specialise in providing Employment Law and Human Resource Advice exclusively for employers.. We provide practical solutions and effective management of Employment Relations and Human Resources issues..
Our approach is pragmatic and focuses on achieving the best outcome for our clients. Employee relations, known historically as industrial relations, is concerned with the contractual, emotional, physical and practical relationship between employer and employee.
The term employee relations is increasingly used due to recognition of the fact that much of the relationship is actually non-industrial. Corrs are trusted advisors to major Australian employers in both the private and public sectors.
We also act for the Australian labour law regulators, state governments and other sophisticated buyers of labour law services who seek out our leading expertise. The International Labour and Employment Relations Association (ILERA) was established in and its general purpose is to promote the study of labour and employment relations throughout the world in the relevant academic disciplines, by such means as.
encouraging the establishment and development of national associations of labour and employment relations specialists;. Ursinus College is an employer of choice where there are excellent resources, benefits, and of course, great people.
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