Contract terms create legally binding obligations on one or both parties to the contract.
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The right of unjust restitution is available if you give…
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Courts and tribunals will consider a number of things when…
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Legislation can limit the application of some clauses within employment…
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The Fair Work Act 2009 (Cth) interacts with employment contracts…
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A person must be party to an employment contract to…
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Failing to pay the employee monies owed to them under…
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You can only contract out of statutory safety net entitlements…
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There are three ways you can modify safety net provisions.
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Employment contracts: Part 2 – Terms and clauses
Employment contracts: Part 2 – Terms and clauses
Terms implied by law are terms that courts and tribunals consider necessary for the employment relationship to operate.
Employment contracts: Part 2 – Terms and clauses
Both you and your employees must do what is reasonable and necessary to fulfil the agreed terms of the employment…
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Workplace policies can be essential, or highly desirable, for defending…
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Workplace policies and proceduresTo some extent, the type and size of your business will determine which policies you need to have in place.
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Featured topics
Stand downs
An employer may direct an employee to stop performing work for a specified period, and not pay wages to that…
Stand downs
Under the FW Act, you can stand down employees during a period when you cannot usefully employ them.
If an employee is dismissed in the course of a…
The ATO has issued a ruling to clarify when a…
Wages
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Whether an employee is entitled to be paid for being on call depends on the applicable industrial instrument.
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A loaded rate is a rate that is higher than the applicable minimum hourly rate specified in the modern award and is paid for all hours worked instead of certain…
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The special national minimum wage is a separate minimum wage that applies to certain employees.
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All Australian employers must pay their employees a wage.
![What wage must you pay your employees?]()
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An Expert Panel in the Fair Work Commission determines the national minimum wage and modern award minimum wages.
![How are the national minimum wage and award wages determined?]()
Absenteeism
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If an employee acts in a way that would cause you to reasonably assume they are walking away from or ‘abandoning’ their employment, you can treat the employment as having…
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Absenteeism refers to frequent absences from work due to sickness or other personal reasons, such as carer responsibilities.
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Absenteeism can be the result of personal or work issues.
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Collect data on the patterns of employee absences to determine whether absenteeism is a problem in your workplace.
![Investigating the causes of absenteeism]()
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To reduce the risk of work causing absenteeism, you should encourage a positive workplace culture.
![How to reduce the risk of work-related absenteeism]()
Modern awards
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A modern award will apply to your employees if you are a national system employer that meets particular criteria.
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A coverage clause in a modern award will specify coverage on one or both of two bases.
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Under occupational coverage, a modern award will apply in certain circumstances.
![How to determine occupational coverage under a modern award]()
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Under industrial coverage, a modern award will apply if certain conditions are met.
![How to determine industrial coverage under a modern award]()
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The Miscellaneous Award 2010 was originally created as a temporary stopgap to provide basic minimum conditions of employment until an appropriate safety net is made for those employees in another…
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Drugs and alcohol in the workplace
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You have a duty to ensure your employees do not endanger their own or others’ safety through the effects of alcohol or illicit drugs.
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There are two ways you can meet your health and safety obligations in relation to drugs and alcohol in your workplace.
![How to meet your health and safety obligations]()
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Follow these six steps to effectively implement a drug and alcohol policy in your workplace.
![Step-by-Step: Implementing a drug and alcohol policy in your workplace]()
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What you need to include in your drug and alcohol policy will depend on whether it is a low-risk or high-risk workplace.
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Zero tolerance drug and alcohol policies contain two key stipulations.
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