Good Afternoon,
Welcome to the February edition of The Informant - FCB's monthly publication designed to keep you informed of the latest developments affecting legal and HR professionals.
In this month's edition we take a look at the top 10 workplace news items that most interested us during February 2011.
2011 is shaping up to be another challenging year for HR and legal professionals. In this edition we will look at some of the more significant changes that will be occurring this year.
We will also analyse two recent significant decisions. The first impacts upon enterprise bargaining strategies and processes, and the second impacts upon how to manage the risks associated with disciplining an employee engaged in union activities.
FCB Technology also provides a case study on how enableHR was able to achieve cost savings and protection from an unfair dismissal claim for one user.
I hope you enjoy this edition of The Informant and as always I welcome your feedback.
Campbell Fisher
Managing Partner & Solicitor Director
Top 10 Legal/HR issues
A list of the top 10 workplace news highlights covering the last few months.
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The Year Ahead...
2011 promises to be another exciting and challenging year for business, HR managers and legal professionals alike. Issues and events that may affect you in 2011 include: another transitional adjustment to modern award wages; the 2 yearly modern award review; the likely increase in general protections claims; an adjustment to the high income threshold; changes to the definition of "small business" for the purposes of unfair dismissal; an impending rise in labour costs stemming from the annual wage review and changes to the trade practices and fair trading legislation.
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Unions force an employer to the bargaining table using different tactics
In the recent decision of the Full Bench of Fair Work Australia in JJ Richards & Sons Pty Ltd v Transport Workers' Union of Australia it was held that a union may obtain an order for a protected action ballot despite the employer having declined to enter into negotiations for an enterprise agreement and thereby force an employer to the bargaining table.
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First decision on general protection provisions from the full court of the Federal Court is alarming for employers
A full court majority of the Federal Court in Barclay v The Board of Bendigo Regional Institute of Technical and Further Education has determined that Bendigo TAFE ("BRIT") took adverse against a teacher who was also an officer of the Australian Education Union ("AEU") by suspending him, stopping his email access and directing him not to attend work. The action was taken because the teacher had used his BRIT email account, identifying himself as President of his union sub-branch, to advise that he had been informed by AEU members that BRIT staff had been asked to create, or had witnessed the creation of, fraudulent documents for the purposes of BRIT's re-accreditation.
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FCB Technology- enableHR case study highlighting the benefits for business
A case study from FCB Technology highlights the many benefits of enableHR in minimising legal risk and ensuring compliance. This case study identifies the protection and cost savings one enableHR user was afforded when they followed enableHR's comprehensive HR checklists including being able to ward off an unfair dismissal claim.
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