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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 - Right to Disconnect act changes closingloopholes contact disconnect employee employee rights employer fair work monitor nsw nt outofhours read refuse respond sa tasmania victoria wa Mar 26, 2024

 Calling all Employees! 

Do you ever feel obligated to respond to your Employer's messages out of hours? 

As of the 26th August 2024 (for large business employees) and 26th August 2025 (for small business employees*) employees have the right to refuse contact from their employer if...

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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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General Protections: What Are They? adverse action anti-discrimination employee rights gender equality general protections hr compliance industrial action legal action protected attributes Dec 21, 2023

So, what are the general protections from a Fair Work lens? General protections seek to protect workers from harmful (adverse) action, coercion, undue influence or pressure, and misrepresentation where they affect workplace rights.

 

The role of the general protections is to:

  • Protect...
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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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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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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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The NES: National Employment Standards casual conversion employee rights fair work family and domestic violence hours of work hr compliance leave and entitlements long service leave minimum entitlements modern awards paid leave parental leave permanent employee public holiday unpaid leave Nov 16, 2023

The National Employment Standards (NES) are 11 minimum entitlements that are applicable to all national system employees within Australia. Any entitlements that are provided for in relevant Awards or Agreements must provide equal and/or better conditions than those in the NES. Such Awards and...

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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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What are Your Entitlements: Paid vs Unpaid Trials australian capital territory employee rights fair work hiring hr compliance job advertisements new south wales northern territory queensland south australia tasmania victoria western australia Oct 23, 2023

Work trials are extremely common as they allow an employer to determine if an employee is suitable for the role before officially offering them a position. Work trials also give the employee an opportunity to showcase their suitability and range of skills.

 

What distinguishes an unpaid work...

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Types of Leave: Explaining the Differences annual leave employee rights fair work family and domestic violence hr 101 leave and entitlements long service leave minimum entitlements paid leave parental leave personal leave western australia Oct 19, 2023

With so many types of leave out there, it's often hard to know what type of leave you can take for what. So, let us break it down for you!

Personal / Carer's Leave

This type of leave lets an employee take time off work to deal with:

- Personal illnesses

- Caring duties and responsibilities, or

-...

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