Category Archives for "Employment"

The difference between Fair Work Commission & Fair Work Ombudsman

By Vivian Michael | Employment

Photo by Sergi Ferrete on Unsplash18 October 2019Did you know that the Fair Work Commission and the Fair Work Ombudsman are both separate Australian government organisations? We’ll go through each of their roles below. First, let’s start with the ombudsman. Fair Work Ombudsman The ombudsman’s role is mostly to educate and to enforce laws like the Fair Work Act 2009 (Cth). Also, […]

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Your employee’s 10 minimum employee entitlements

By Vivian Michael | Employment

Photo by Shridhar Gupta on Unsplash17 October 2019Hiring employees? You’ll need to know about the national employment entitlements (NES) which will apply for all your new hires. So what exactly are they?The NES are 10 minimum employee entitlements that you need to provide all of your employees in Australia.Importantly, you can provide your employees more but not less generous […]

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How to avoid a sham contracting claim

By Vivian Michael | Employment

Photo by Emma Matthews on UnsplashUpdated: 30 September 2019 If you are thinking about hiring a contractor, read on for useful tips to avoid a sham contracting claim against your business.  So, what exactly is sham contracting? We’ll look at this first.Sham contracting meaningSham contracting occurs when an employer calls what should be an employer-employee relationship, a principal-contractor relationship. The […]

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Is my business a national system employer?

By Vivian Michael | Employment

Photo by Joey Csunyo on UnsplashUpdated: 29 September 2019Is my business a national system employer? And why should you care? A national system employer is covered and bound by Australian national workplace relations law. CoverageThe national workplace system covers: All employees in Victoria, Northern Territory and the Australian Capital Territory (there are some exceptions for state public sector employees) All employees […]

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Director and employee duties after resigning from an Australian company

By Vivian Michael | Employment

Photo by rawpixel on UnsplashDirectors still have duties after they resign from an Australian company.  And here’s what you need to know from the case of Advanced Fuels Technology v Blythe & Ors [2018] (AFT case).  In a hurry? jump ahead. Quick Navigation Case backgroundTargeting customersRestraint of trade Fraudulent and dishonest conductLawful competition defenceFiduciary’s personal benefit or gainGood faith – s. […]

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When to switch a contractor to an employee agreement

By Vivian Michael | Business Purchase , Employment

Photo by Mimi Thian on Unsplash  There are differences between employees and contractors. You can read all about those here.When to use a contractor agreement The best use scenario for a contractor agreement is project work by a highly skilled worker.  Typically, contractors are autonomous workers that need little or no direction to perform their work which may be a specific […]

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Requests for flexible working arrangements

By Vivian Michael | Employment

Photo credit: Dai KE, UnsplashSection 65 of the Fair Work Act 2009 (Cth) allows employees to request a change in their working conditions like hours and location or working part-time. Example circumstances Employee’s may request flexible working arrangements if they employee is:the parent or has responsibility for a child of school age ​a carer has a disabilityis 55 or […]

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How to cash out annual leave in Australia

By Vivian Michael | Employment

Photo credit: Raw Pixel, UnsplashCashing out annual leave simply means that instead of taking the annual leave, you are paid it. Now, annual leave cash outs are possible either because of terms included in a modern award or enterprise agreement OR a written agreement between an employer and award or agreement free employee per section 94(1) of […]

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Genuine redundancy meaning & payments

By Vivian Michael | Employment

Photo credit: Alex Knight, UnsplashBelow is a simple guide to genuine redundancy. A redundancy is genuine if you no longer need a position because of business changes and there has been consultation with the employee per any award or enterprise agreement that applies. And, it won’t be a case of genuine redundancy if redeployment was an unexplored option […]

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How to use Awards for your Australian business

By Vivian Michael | Employment

Photo credit: Sridhar Gupta, UnsplashHow to use Awards for your Australian businessSo what is an Australian Award and how can you use one for your Australian business? Let’s start with the Award definition below.Award definitionAn Award states the minimum terms and conditions for employees in an industry. There are currently 122 Awards in Australia. And it’s good […]

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Annual leave tips for workers at your startup

By Vivian Michael | Employment

Australian National Employment Standards allow annual leave for your workers. In this article, I explain these entitlements. Understanding employee entitlements can save you headaches when you hire workers. So here’s what you need to know about annual leave for your workers. 1. Australian employee annual leave entitlementsFirstly, for each year of service at your startup, your employees are […]

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Transfer of business & employee contracts: how to manage employee contracts before and after buying a business

By Vivian Michael | Employment , Startup Contracts

What to know about employee contracts after you buy a businessIf you are thinking about buying a business with existing employees, here are some useful tips to help you.  First, you should check the employee contracts.1. Pre-purchase check of employment contracts Before you buy a business, you can check the key terms of any written employee contracts.  So […]

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How to use an employment agreement

By Vivian Michael | Employment

While an employment agreement can be verbal, written or a mix of the two,  it is a good idea to have a written employment agreement to set clear expectations early and minimise disputes. And the beginning of the employment relationship is when you would typically expect to use an employment agreement. But did you know there are […]

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