by Nicole Dunn | Jan 20, 2020
This is not correct. Awards specify the provisions that may be altered by an IFA. Award provisions outside the specified terms cannot be altered. The modern award flexibility term allows an IFA to be entered into to vary award provisions...
by Nicole Dunn | Dec 25, 2019
This is not correct. It may be that an employee, particularly a long term employee, is entitled to reasonable notice in excess of the notice provided by the NES. What constitutes reasonable notice depends on the circumstances of each case but, as a general rule, the...
by Nicole Dunn | Nov 22, 2019
We would not recommend this. An award is the industrial instrument that sets out the minimum terms and conditions of employment, awards do not necessarily deal with all matters that are relevant to an employment relationship. An employment relationship will...
by Nicole Dunn | Oct 24, 2019
This is not correct. An Enterprise Agreement will continue to operate after the nominal expiry date has been reached unless it is terminated or replaced. The risk of an Enterprise Agreement operating as an industrial instrument after its nominal expiry date is...
by Nicole Dunn | Sep 25, 2019
This is not correct. A claim for unfair dismissal cannot be made unless the employee has completed the minimum period of employment. The minimum period of employment for a small business employer (less than 15 employees) is 12 months and six months for all other...
by Nicole Dunn | Aug 27, 2019
This is not correct. If an award applies to a role, it is the industrial instrument for that role. An award sets out the minimum terms and conditions of employment. An employment contract cannot reduce any award entitlement, it can provide additional...
