Bakery agreement balances the BOOT

by Ben Desir, Workplace Advisor, NRA Legal The Fair Work Commission has approved a franchise bakery’s enterprise agreement which cuts Sunday, public-holiday and late-night penalties in exchange for higher base pay, based on meeting the ‘Better Off Overall Test’ (BOOT). The agreement covers 232 Beechworth Bakery workers at six sites across Victoria and NSW, and […]

Demotion Not Necessarily a Dismissal

The demotion of an employee may not in all circumstances meet the meaning of dismissed in section 385 of the Fair Work Act 2009 (Cth) (the Act). Consideration must be given to the continuation of employment, the whether the demotion imposed a significant reduction in status and payment. The recent case of Phillip Moyle v […]

Small businesses protected from unfair contract terms

Following a 12 month transition period, from 12 November 2016, a new law will protect small businesses from unfair terms in standard form contracts. The law will apply where the contract: is for the supply of goods or services or the sale or grant of an interest in land; at least one of the parties […]