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​What’s new in Enterprise Bargaining?

A long wait… The Fair Work Commission is currently taking five months to process agreements. Agreements lodged in September/October 2018 are currently being processed for approval. Minimum Engagements… The Modern Award minimum engagements for casuals, part time and weekend overtime are now considered part of the BOOT by the FWC.​ Construction Sector BOOT… Construction sector employees are being assessed against a 50 hour week for the BOOT. This means that the meal allowance and crib payment during overtime need to be factored into this BOOT against your Agreement.​ Explanation of Terms of Agreement… The FWC is requiring evidence and declarations to the effect that the terms of the Agreement

Greenfield Agreements – When is construction commenced?​

The recent decision in Applications by CPB Contractors Pty Limited & John Holland Pty Ltd [2019] FWC 1122 (21 February 2019) has examined eligibility requirement to enter into a Greenfield agreement, specifically the fine line between preparatory works and works in the conduct of an established enterprise.​ Applications for two Greenfield agreements were made to the FWC by the joint venture partners in late 2018 in respect of construction work on the West Gate Tunnel Project. The unions, after unsuccessful negotiations of the agreements, opposed the applications primarily on the ground that they did not relate to a genuine new enterprise of the Joint Venture.​ ​ The decision turned on consid

National Wage Review

The Fair Work Commission has released their decision regarding the increase to the 2019 National Minimum Wage. The decision provides for a 3% increase to the minimum wage rates in the Modern Awards. This increase will apply from the first pay period on or after 1 July 2019. ​ ​ The wage review panel has outlined key considerations in determining this increase to the minimum wage. These factors include: ​ ​ The rising cost of living standards;​ Economic considerations, including inflation and market conditions; and​ Employment growth the for the 2018-19 financial year​ ​ ​ The increase represents a $21.60 per week increase to the minimum wage, with the new minimum wage being $740.80 per week

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