Award interpretation, Modern Awards and Enterprise Bargaining Agreements

The complex, and constantly changing, nature of legislation in the field of employment law has created an environment in which many businesses find it difficult to keep up to date and ensure that they are complying with all of the relevant requirements and regulations.

At Coleman Greig we can review your compliance with the various aspects of legislation, Awards and Enterprise Agreements to minimise the risks to your business. We provide detailed advice as to your compliance and an assessment of possible risks as well as a practical, commercial view as to how to handle them, awareness of pending changes relevant to your business, and strategic factors in deciding on the future shape of contracts/workplace agreements/modern awards as applicable to your business

As part of our Employment Law services, we can review some or all of your:

employment contracts or workplace or enterprise agreements

leave policies and payroll practices

immigration compliance,

discrimination, email/internet, drug and alcohol, WHS, workplace surveillance policies,

termination processes

compliance with all of the relevant applicable awards and legislation

We can also offer training for relevant staff within your business on any relevant changes to the law that might affect their role.

For more information, or to make an appointment at one of our offices, please select from the below.

Award interpretation, Modern Awards and Enterprise Bargaining Agreements - Our Team

Award interpretation, Modern Awards and Enterprise Bargaining Agreements - Our Clients

Coleman Greig’s team of experienced employment lawyers provides quality advice and representation to a diverse range of clients. These clients include family businesses employing less than fifty staff members, through to subsidiaries of multi-national organisations with hundreds of employees, public and privately owned companies.

Our employment and OHS experts have earned an enviable reputation over the years. Working closely with clients from a range of industry sectors, the team provides quality advice that ensures compliance with relevant legislation, and expert representation in the Courts and Tribunals when required.

We currently act for clients from fields as diverse as banking and finance, local government, franchising, retail, manufacturing, building and construction, professional services, food and hospitality and the not-for-profit sector.

"Coleman Greig take a much broader and longer term perspective approach to their client base, helping solve issues which may not be great revenue raisers for Coleman & Greig but assist in cementing our relationship on a longer term basis."

Michael Biddle, Managing Director, Capital Safety

"Imation ANZ would like to thank Coleman Greig for the sound uncomplicated advice we have received over the years. It really makes a difference knowing we can reach out and be assured to receive timely sound advice from you. Also, the very informative and enlightening Workshops and Seminars we attend help ensure the running of our business in a compliant manner."

Bernadette Strang, APAC Region HR Coordinator, Imation ANZ

Publications

Key legal considerations to be aware of if you are thinking of making a position redundant - 25 Mar 2019
Anna Ford

The term "redundancy" in an employment context refers to a situation when an employer no longer requires the role that the relevant employee(s) has/have been performing to be performed. The focus is the job, or the removal of the particular position from the company personnel structure, so it is important to keep in mind that it is quite possible for a redundancy to arise even in circumstances where the duties of a particular position are reallocated to other existing or remaining employees.
When is a ‘casual’ worker not actually classed as a casual? - 5 Dec 2018
Stephen Booth

The decision handed down in the case of WorkPac Pty Ltd v Skene [2018] FCAFC 131 reasserts the traditional view that you cannot convert an employee who is really a regular full, or part-time employee into a casual simply by calling the employee ‘casual’. Employers must look at the actual facts of the employment relationship in deciding what the real nature of the relationship is.
Keeping Up With Modern Awards - 2 May 2018
Stephen Booth

The Fair Work Commission has deferred the second 4 yearly Awards review (previously scheduled to begin last January) until the current 4 yearly review is complete.
FWC Reinforces Importance of Consultation to “Genuine Redundancy” - 31 Jan 2018
Stephen Booth

Employers have been put on notice to take a more cautious and methodical approach to consultation with employees before redundancies after the Fair Work Commission reasserts the importance of proper consultation processes.
Prepare now for the Fair Work Amendment (Protecting Vulnerable Workers) Bill - 10 Jul 2017
Peter Stewart

Proposed legislation for the Bill has passed the House of Representatives and is now being considered in the Senate so now is the time to prepare your franchise.
Short-changed…Coffee Club franchisee penalised for underpaying employee - what does this mean for the franchisor? - 10 Jul 2017
Peter Stewart

In this article we look at the potential impact that a franchisee’s conduct may have on a franchisor.
New Financial Year Employment Law Update - 3 Jul 2017
Stephen Booth

We’re in a new financial year, which means many reference points relevant to employment law will alter. Here are some of the most important changes applying from 1 July, 2017.
New laws for franchisors: encouraging Fair Work Act and award compliance - 5 Apr 2017
Stephen Booth

The Federal Government is proposing legislation to attack issues of underpayment and employment law compliance at a higher level, by making the franchisor liable for the sins of the franchisee in some circumstances.
Personal Liability of HR Managers – Accessories under the Fair Work Act? - 22 Nov 2016
Stephen Booth

The Fair Work Ombudsman is looking beyond traditional defendants in cases dealing with underpayments or sham contracting, directly targeting responsible people in the employer’s organisation, and external parties knowingly involved in infringements.
Employment Law changes for the new Financial Year - 29 Jun 2016
Stephen Booth

We’re in a new financial year, which means that because of annual indexation and changes to the law many reference points relevant to employment law change. Here are some of the most important changes applying from 1 July 2016.
Four yearly review of modern awards - Annual leave - 9 Jun 2016
Lisa Qiu

The Fair Work Commission is in the process of undertaking the first four yearly review of modern awards. Among the issues being addressed are several aspects of annual leave.
Franchisee underpayments and the supply chain - 9 Jun 2016
Stephen Booth

As a result of the media spotlight ignited by 7-Eleven, the issue of worker underpayments is now very much on the agenda in the lead up to the Federal election.
Changes to Annual Leave - 16 Jul 2015
Stephen Booth

As part of its four-yearly review of modern awards, the Fair Work Commission has examined excessive annual leave and the cashing out of annual leave – both common issues for our employer clients. Some employees are so committed to work that they take little leave, or see the accrual as a cash nest egg payable on eventual termination, rather than an opportunity to take a break. Proposed changes by the Fair Work Commission may make these issues easier to handle.
Government Crackdown on 457 Visa Breaches â€“ 10 Key Requirements - 16 Jul 2015

If you are currently an approved business sponsor and/or employ 457 visa holders in your business, it's perhaps an opportune time to make sure you're meeting your sponsorship requirements. There are 10 key requirements you need to make sure you're satisfying.
Plain English Guide to Employee or Contractor - 1 Jul 2015

Sometimes a person engaged as a contractor may in law be an employee. The line that divides employees from contractors is grey and shifting. Application of Awards and unjust dismissal laws, pay and leave entitlements, and tax and insurance issues all depend on which status applies. This Plain English Guide answers some of the commonly asked questions about defining the relationship of employee vs. contractor.
Plain English Guide to Modern Awards, Enterprise Agreements and Employment Contracts - 1 Jul 2015

An award is a standard of minimum industrial terms and conditions applying to specific groups of employees. Whether your employees are covered by an award depends on whether they fit into the occupations covered by an award.
Employment Law Changes for the New Financial Year - 29 Jun 2015
Stephen Booth

End of financial year is always a busy time of year for businesses. As the new financial year dawns, it's important to be aware of some changes relevant to employment law and what they mean for your business.

Award interpretation, Modern Awards and Enterprise Bargaining Agreements - Useful Links