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Can Commission-based Financial Advisors Claim Award Entitlements?
In a recent turn of events, the Federal Court overruled the Federal Circuit and Family Court of Australia’s (FCFCOA) decision that ordered a company to pay a substantial sum in compensation to its financial advisor. The FCFCOA found the employee to be covered under the Banking, Finance and Insurance Award 2010 (Finance Award).
Who is a Parent? It can be more complex than you’d think.
At first glance in Parenting matters, the issue of who is a parent tends to be fairly cut and dry, however that is not always the case in recent years, with the changing face of ‘family’ broadening with the use of surrogacy, the increase in the number of same sex couples and of blended families. In some circumstances the Court has been required to exercise its power to make a declaration on who a child’s parents are. This decision is further complicated by the fact that the Family Law Act does not offer a comprehensive definition what who or what a parent is in family law proceedings, instead applying the relevant circumstances of the matter and a contemporary understanding of what a parent is in order to determine who is a parent.
Major Pay Changes: Is your Business Ready for 1 July 2025?
Many employees across Australia will receive an increase in their minimum wages from today. But employers do not need to worry, as we are breaking it down below to show exactly what you need to do to stay compliant.
What does an employer need to keep in mind before refusing an employee’s flexible work request?
Employers need to keep in mind the consequences of refusing an employee’s flexible work request. Recently on (4 February 2025), there was a decision by the Fair Work Commission (FWC) that considered the ‘reasonable business grounds’ when refusing a flexible work request. This decision was appealed. In the first decision, the Commissioner favoured the Catholic school that denied the coordinator’s request for flexible working arrangement saying there were ‘reasonable business grounds’ to refuse it. This decision was overruled by the Full Bench of FWC on appeal.
Alert! New Anti-Sexual Harassment Guidance for Employers.
The Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025 (the Code) is a new federal code of practice, that provides a practical guidance to employers to proactively protect their workers against sexual harassment.
Overseas Pensions: Asset or Financial Resource in Family Law
Financial resources are a significant aspect of property law matters in the Federal Circuit and Family Court of Australia. Continuing on from our previous articles on financial resources, we wanted to take a look at the recent Family Law case of Trivedi & Awasthi (No. 3), which involved an overseas pension and whether it was an asset or a financial resource.
Understanding Mediation
Mediation is a process where an independent person, known as a Mediator is emerged and assists the parties to identify and review options with the goal to resolve the dispute between parties without litigation.
Your Right to Disconnect
From 26 August 2024, employees will formally be given the right to disconnect from all workplace communications outside of regular working hours.