Restructuring or re-organising a business is common.  Companies make these changes for a variety of reasons – to change the business model, pursue operational improvements, reduce cost, and/or make optimum use of available resources. It’s also increasingly likely that displaced employees will be given the opportunity to transfer between related group companies.  Employers seeking to rely on the redundancy exemption to the unfair dismissal provisions in the Fair Work Act 2009 (FW Act) will need to consider redeployment options within group companies.
Continue Reading Simplifying transfer of business within group companies

As the year goes on, a relatively small number of cases involving the Fair Work Commission’s (FWC) new power to make orders that bullying stop continue to trickle out. In the last month, two decisions have put the brakes on attempts by employees to use these powers outside of their intended area of operation.
Continue Reading No bullying orders if employment ended

Right through to the end of 2013, many unions and a number of employers applied to the Fair Work Commission (FWC) for a modern enterprise award.  Where such an application is successful, a modern enterprise award would cover employees rather than one of the 122 industry or occupational modern awards that the FWC made between 2008 and 2010.
Continue Reading Enterprise award modernisation process kicks off in earnest

The ink has barely dried on the last round of variations to modern awards resulting from the 2 yearly review commenced by the FWC in 2012, but the 4 yearly modern award review is just around the corner.  The review is proposed to be conducted in 4 stages with around 30 awards in each stage.  It is estimated that each stage will take around 4 to 6 months (with some stages overlapping) and the process is expected to conclude in mid-2015.
Continue Reading Another round of modern award reviews coming in 2014