At the ACA we are here to help you understand your industrial relations obligations. This FAQ article, prepared by Fair Work Lawyers for ACA members and updated in November 2024, is designed to answer your commonly asked questions. It covers the Award system, minimum rates, ordinary hours of work, probation periods, annual leave and casual employees.

Legislative changes in 2024 has re-complicated this area of law, with businesses facing real risks in relation to managing the use of independent contractors, particularly if their documentation is inadequate. The ACA’s IR advisor, Tom Earls from Fair Work Lawyers, has written a comprehensive explainer. Log in to read more about independent contractors and what employers need to know.

Making employees redundant is never a pleasant situation. However, failing to comply with relevant laws can expose a business to additional legal complications and costs at a time the business can least afford it. ACA legal advisor Fair Work Lawyers sets out some important considerations for employers regarding redundancy – from consultation, redeployment, adverse action and unfair dismissal to workers compensation, outstanding leave and contractual entitlements.

With the year flying by and Christmas just around the corner, it is worth taking the time to remind yourself about practice closedowns and your rights to direct employees to take annual leave during these periods. Emma Avey from Fair Work Lawyers offers advice related to employees engaged under the Architects Award and other relevant industrial awards.

From Tuesday 6 June 2023, more employees will be able to request flexible working arrangements, and employers will have new obligations regarding flexible work requests, including a more rigorous process of discussion, negotiation and written responses.

From 1 July 2023, the rules for government-funded parental leave are changing to provide greater flexibility for parents to share caring responsibilities.

On 9 November, the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 received royal assent. This legislation introduces paid family and domestic violence leave to all employees as an entitlement under the National Employment Standards. Tom Earls from Fair Work Lawyers provides the following update for ACA members.

Tom Earls from Fair Work Lawyers provides an overview of the new WHS laws brought into effect in WA in March 2022. Practices need to be aware that there are potentially significant changes to the way that safety in design is dealt with under the new WHS legislation.

Tom Earls from Fair Work Lawyers summarises the findings of an important high court decision about personal leave accrual for ACA members.

Practice owners and managers should be aware that all employees, including casuals, are entitled to community service leave to take on emergency service management activities, such as volunteering for the Country Fire Authority (CFA) or State Emergency Service (SES).

A Fair Work Information Statement must be given to all new employees, as part of an employer’s responsibilities under the National Employment Standards. Read our quick summary and access the document and fact sheet.