Welcome to the Autumn/Winter edition of Work InSights. Please click here to access the publication.
This combined Autumn/Winter edition of Work InSights has allowed us to explore in more depth four topics which, whilst diverse in subject matter, share the common characteristic that they deal with current day-to-day issues confronting a variety of businesses in Australia.
Changing demographics has seen a progressively younger workforce in Australian businesses. Employing "Generation Y" can be a challenge, and we look at the legal implications of employing this group of young workers, identifying areas of legal and practical concern to employers. The "Work Choices" amendments to the Workplace Relations legislation have raised many issues about the cashing out of leave. Our extensive overview of this confusing area will give employers some guidance about what can be done and where caution needs to be exercised.
The Federal legislation has also seen a new emphasis on the terms of the employment contract itself. In many cases, this has caused the spotlight to focus on workplace policies. How should employers use these, and what pitfalls exist for a business having such policies is examined in our third article, which also deals in part with the case of Nikolich v Goldman Sachs JBWere Services Pty Limited, which, at the time of writing was still being considered by an appeal Bench of the Federal Court of Australia. On 7 August 2007, the Full Bench of the Federal Court (by majority) handed down its decision, upholding the decision at first instance, except in one respect (costs). Accordingly, the conclusions in that article stand, and the Nikolich authority is now strengthened by its confirmation by a Full Bench decision.
Significant publicity has also recently been given to the introduction of the "Fairness Test". In the final article for this edition, we explore what this test involves, how it works, and the implications for the employers.
Looking forward, our Spring 2007 edition will look at what the major political parties are saying about industrial relations, and what the implications might be, whichever party wins Government federally in the upcoming election.
We trust you will find these articles useful and practical.
CONTENTS: 1. Generation Y at work: legal obligations and tips for employers with young employees 5. Cashing out leave under Work Choices 10. Making the most of workplace policies - avoiding the potential pitfalls 13. The "Fairness Test" and other changes to the Workplace Relations Act |