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Employii Blog: We share more regular updates about what's happening in the Employii world! These are shared across our social channels and you're welcome to link them to friends and colleagues.

Employees vs Contractors - Understand the difference! australia australian capital territory compare contractor employee rights fair work hoursofwork legal levelofcontrol new south wales northern territory penalties shamcontracting south australia subcontract tasmania victoria western australia Aug 30, 2024

Do you know the key differences between an Employee and independent Contractor?

From 26 August 2024 a new definition of employment has been added to the Fair Work Act, to assist businesses and individuals in clarifying if someone is considered an employee or a contractor. 

Let's break...

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Closing Loopholes Act - Changes Redundancy Provisions australian capital territory changes closingloopholes new south wales northern territory payments redundancy reundancypay small business south australia tasmania victoria western australia Feb 28, 2024

Welcome to the next update in our Closing Loopholes series! 

 

Change 2: Introduction of small business redundancy exemption provisions

Usually, small business (15 employees or less) employers are not required to pay redundancy pay to employees made redundant. Previously, this was also...

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Closing Loopholes Act - Change to DV Protections adverse action australian capital territory changes closingloopholes family and domestic violence new south wales northern territory protected attributes south australia tasmania victoria western australia Feb 26, 2024

Change 1: Protection for employees subject to family and domestic violence

Previously, ‘subjection to family and domestic violence’ was not listed as a protected attribute for employees, meaning employees were not safeguarded from adverse action.

This all changed after the recent...

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Closing the Labour Hire Loophole: What's Changing action australian capital territory casual conversion changes employee protection employee rights fair work family and domestic violence hr compliance minimum entitlements modern awards new south wales northern territory queensland regulation south australia tasmania victoria western australia workplace delegates Jan 12, 2024

Following the proposed amendments to the Fair Work Act 2009 back in September 2023, it is confirmed the Fair Work Amendment (Closing Loopholes) Act 2023 is now in force. Approval was granted on 14 December 2023, with further changes due to commence in 2024 and 2025.

What does this mean?

Key...

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Building and Construction: Leave Provisions australian capital territory building & construction employee rights fair work hr compliance leave and entitlements modern awards new south wales northern territory personal leave queensland south australia tasmania victoria western australia Dec 21, 2023

For those employees covered under the Building and Construction General On-site Award, listen up!!

Employees covered by this Award have slightly different provisions around personal and carer's leave compared to most other Awards, as provided for in the National Employment Standards.

We should...

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Non-disparagement Clauses: Breaches australian capital territory contracts employii news hr compliance industrial action new south wales non-disparagement northern territory queensland south australia tasmania victoria western australia Dec 21, 2023

So, non-disparagement clauses are commonly used in settlements and deeds of release, but do you know what they mean? Let's discuss!

Firstly, let's define - non-disparagement clauses often restrict an employee in a contract from saying anything negative about the company to another person, this...

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Underpaying Employees: Wage Theft employee rights hr compliance legal action minimum wages new south wales northern territory queensland south australia tasmania victoria western australia Dec 21, 2023

Earlier this year, a Director of a large national company was found personally liable for wage theft after underpaying roughly 150 employees, although not consciously aware that this was the case - let's look at what happened!

 

So, in 2013, the Director sat down with the Chief...

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Privacy Regulations: Employee Records hr compliance new south wales northern territory policies and procedures privacy & confidentiality south australia tasmania victoria Dec 21, 2023

In the past few months, the Federal Government has proposed significant changes as to how sensitive personal information is collected and used for private sector employees. Under the Privacy Act 1988 (Cth), public sector employers need to disclose how employee information is stored and what...

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Long Service Leave: Entitlements per State australian capital territory employii news hr compliance leave and entitlements long service leave new south wales northern territory queensland south australia tasmania victoria western australia Nov 16, 2023

For a majority of West Australians, Long Service Leave (LSL) only comes around after 10 years of continuous service, unless specified otherwise by your Employer. However, the entitlement to LSL varies between Australian states and territories. Let's discuss!

LSL is effectively an entitlement or...

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Overtime: What's 'Fair and Reasonable' australian capital territory employee rights employee wellbeing fair work hours of work hr compliance minimum entitlements modern awards new south wales northern territory overtime queensland south australia tasmania victoria western australia Nov 16, 2023

I'm sure we've all heard of the term 'overtime' - but most people have no idea when it comes into play. Let's discuss!

Here are some important definitions straight from Fair Work:

Ordinary hoursThe amount of hours worked by an employee that doesn’t include overtime. For example, the...

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Unfair Dismissal Access for High Income Threshold: FY23-24 australian capital territory employee rights enterprise agreement fair work high income hr compliance modern awards new south wales northern territory queensland south australia tasmania unfair dismissal victoria western australia Nov 16, 2023

Those employees who are classified as high-income earners may be limited in terms of their eligibility to file unfair dismissal claims, as per the Fair Work Act.

Currently, the high-income threshold for the financial year (FY) of 2023-24 is $167,500. 

Even where an employee is not covered by...

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Portable Long Service Leave: How it Works australian capital territory employee rights leave and entitlements long service leave northern territory portable long service leave queensland south australia victoria western australia Nov 16, 2023

For most employees, the moment you resign from your job and start a new position with a new employer - your continuous service and subsequent long-service entitlements restart. HOWEVER... this isn't the case for all industries... Let's discuss.

Let's recap: What is long service leave (LSL)?

LSL...

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