Employers should maintain direct communication with employees during bargaining campaigns and be on the lookout for any "disconnect" between union and employee views, says Freehills partner and collective bargaining expert Chris Gardner.
A recent Fair Work Australia order - requiring a contractor to reinstate a worker at a principal's site - demonstrates the significant operational issues employers could face if ordered to return a dismissed worker to their former role, says Harmers Workplace Lawyers partner Lesley Maclou.
An "engaged" employee can still be "a real flight risk", says SHL director Stephanie Christopher - especially in a situation where a leader, "who they may have personal respect for and loyalty towards", leaves the company.
Almost nine in ten employers in Australia and New Zealand have established flexible work practices, but many admit their employees are unaware of the benefits - and less than half are using them to attract new candidates, a Rubicor survey has found.
A recent court finding that an "informal" discussion constituted disciplinary action is a "classic" example of how failing to communicate the purpose - and possible consequences - of management action can put employers at risk, says Thomson Playford Cutlers partner Jacquie Seemann.
A recent court case and fines totalling $330,000 show that employers with knowledge of inappropriate behaviour at work "have to do something about it", says Sparke Helmore special counsel, Adam Saunders.
According to its explanatory memorandum, the Fair Work Act's good faith bargaining requirements are "generally self-explanatory" but RMIT law professor Breen Creighton says this statement is "extraordinary" and calls for greater guidance for employers.
Employers should consider excluding preferred hours clauses from enterprise agreements until Fair Work Australia clarifies whether they can pass the "better off overall" test, lawyers warn.
Employers with outdated superannuation practices could be under-paying employees and exposing themselves to hefty fines, says Mercer's head of defined contribution consulting, Russell Mason.
Now that the Fair Work Act's redeployment requirements have taken effect, even seemingly "unpalatable" redeployment options should be offered to employees, says Kemp Strang employment lawyer Lisa Berton.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
