Parliament has now passed the legislation for the second phase of JobKeeper, or ‘JobKeeper 2.0’, which will now continue to provide financial support and workplace flexibilities to employers for the extended period ranging from 28 September 2020 to 28 March 2021. As part of this, the JobKeeper provisions in the Fair Work Act were extended, however, there have been some key changes to these flexibilities and employers should take note.
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There is a common theme in many of the cases we read now, about getting the process right and following often simple steps, to avoid employee relations issues such as unfair dismissal cases. This applies to many situations, but more so with a transfer of employment situation.
In our recent article, we explained how the coverage under the Miscellaneous Award has been expanded by the Fair Work Commission (FWC). This has meant that ER Strategies is fielding a lot of questions from clients about this change and how award coverage works.
On 27 July 2020, the Health Sector Awards Full Bench issued a decision ( FWCFB 3940) granting an entitlement to paid pandemic leave for most employees working in the aged care industry who are covered by the following awards:
Whilst many businesses are under pressure because of disruptions to their markets caused by COVID, there has never been a greater need for good practical advice, which also checks off all the technical issues employers face whilst navigating Australia’s industrial relations and employment law system, as well as the JobKeeper changes associated with it.
Does unpaid leave extend the minimum employment period (probation period) in relation to unfair dismissal claims?
Most employers now conveniently align the probation period under their contracts of employment to the minimum employment period under the Fair Work Act 2009 (the Act).
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The Fair Work Act sets limits to an employee’s eligibility for unfair dismissal redress where they are not covered by an award or enterprise agreement. This is called the High-Income Threshold (HIT), which is amended annually.
From today (1 July 2020), following a decision by the Fair Work Commission earlier in the year, the coverage of the Miscellaneous Award 2020 has been significantly extended to now capture many employees who were previously assumed to be award-free.
As COVID-19 restrictions are lifted – what now – and how to get reluctant employees back to work?
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