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Maximising employee potential

Learn how to effectively manage performance issues with employees, from distinguishing between underperformance and misconduct to implementing performance improvement plans for better results.

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Demystifying reasonable additional hours

This article explores the concept of reasonable additional hours under the Fair Work Act, covering the rights of employees to refuse such hours and the corresponding compensation. It delves into considerations for determining reasonableness, payment obligations, and potential future changes regarding the "right to disconnect" outside of work hours.

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Attention Employers: Increases to the National Minimum Wage and Modern Award pay rates

Effective from 1 July 2023, the Fair Work Commission has announced a 5.75% increase in the National Minimum Wage and Modern Award pay rates, with the NMW actually increasing by 8.6%. Ensure that your award-covered employees' wages reflect the new pay increase and stay compliant with the updated regulations.

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CER update - case note – Teacher accused of s*x with student

A recent decision by the Industrial Relations Commission highlights the challenges schools face when dealing with child protection and fairness to employees accused of serious misconduct. This article explores a case involving a male teacher in NSW who was dismissed for alleged sexual misconduct involving a student. CER can assist with advice and representation.

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Constructive conversations and feedback

Learn how to navigate difficult conversations and provide constructive feedback in the workplace to avoid negative consequences such as resentment, low morale and decreased productivity. Reframing difficult conversations as constructive conversations promotes curiosity, understanding and resolution. Creating a psychologically safe workplace environment, characterised by warmth, vulnerability and open dialogue, fosters confidence and enhances communication skills, leading to a more productive and engaged team.

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CER update - Understand your obligations in relation to flexible working

There are amendments to flexible working arrangements and unpaid parental leave extensions, which will come into effect on 6 June 2023. Employers must be aware of their new obligations and requirements and take action to review and update their practices and policies to ensure compliance with the amendments. This article details the actions that employers should take to prepare for the new requirements.

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Pre-Shift work – what is it and when do employees need to be paid for it?

In this article recent decisions relating to ‘shift-work’ are explored emphasising the importance for employers to accurately evaluate what constitutes 'time worked' to avoid potential legal disputes and underpayment claims. It provides practical tips for employers to ensure compliance with pay-related obligations and provides guidance on determining whether pre-work activities should be considered 'work' and thus require payment.

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Directing employees to work public holidays

The Full Federal Court of Australia has made a significant decision regarding the right of employers to require their employees to work on public holidays. The court ruled that employers are not allowed to direct employees to work on public holidays but must instead make a reasonable request and consider the factors listed in Section 114(4) of the Fair Work Act. This decision may cause difficulties for employers who rely on rostering in advance, particularly those covered by the Social, Community, Home Care and Disability Services Industry Award 2010.

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When is an overtime request considered unreasonable?

Employers are responsible for ensuring that the overtime they request is reasonable and that employees are not being asked to work excessive or unreasonable hours. If you are concerned that the overtime you are asking your employees to work is unreasonable or are unsure of award rates, you can seek advice from our expert employment lawyers, contact us.

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Workplace bullying - a case study example

This case serves as a clear message to employers and organisations that an employee who has suffered psychological injury from bullying and harassment, can recover Fair Work compensation in addition to damages for psychological and or physical injuries.

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Managing psychosocial hazards in the workplace

The recent amendment made to the Work Health and Safety Regulation 2017 (NSW) by the Work Health and Safety Amendment Regulation 2022 (NSW) imposes an explicit obligation on persons conducting a business or undertaking (PCBUs) to manage and control psychosocial risks in the workplace, from 1 October 2022.

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Hints & Tips – Managing ill & injured Workers

Managing workers who are suffering from a non-work related injury or illness can be one of the more complex areas of employee management. When deciding what steps to take, consideration needs to be given to requirements under discrimination law, unfair dismissal and adverse action risks and work, health and safety obligations.

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Meet with CER

Find out when you can meet with CER face-to-face, as Ian Yard-Smith and Chris Owens attend conferences in various locations Australia wide. We are taking this valued, and long-awaited opportunity to meet with you to discuss how we can help your organisation with your employment relations needs.

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Deductions for insufficient notice

A notice period is an important time at the end of a person’s employment. Unfortunately, sometimes employees leave without giving any notice or don’t work out their whole notice period. The FAQs in this article answer the enquiries we commonly receive when this occurs.

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