Award coverage: managers and supervisors

I am satisfied, on the basis of the evidence adduced in relation to the nature of the work that Ms Todd was employed to do, that the principal purpose of her role of Drill and Blast Engineer was to supervise the drilling and blasting function at the Tarrawonga and Rocglen Mines, including the direct supervision […]

Modern award coverage; high flyers caught by the system

When does a modern award cover an employee? There is a wee myth in workplace relations orthodoxy to the effect that members of management of an enterprise are not award employees. This proposition derives from the historical demarcation between capital and labour and it is true that many managers would be horrified to think that […]

Modern award covers or applies to?

Modern awards; do they cover or apply? Award apples; s.47 S.47 of the Fair Work Act 2009 provides that a modern award applies to an employee, employer etc if the modern award covers the employee, employer etc and the modern award is in operation and no other provision of the Act has the effect that the modern award does not […]

Does an award apply to your employment?

There are various circumstances in which it is necessary to determine whether a modern award applies to employment. Self-evidently that is the case when seeking to check entitlements and it is also critical for employees whose earnings exceed  the high income threshold but need to know whether they are protected from unfair dismissal. Here is […]

Unfair dismissal: who is protected?

An employee whose income exceeds the high income threshold (currently $142,000) is not protected under the Fair Work Act from unfair dismissal unless his or her employment is covered by an enterprise agreement or modern award; s.382 This issue of coverage can be very complex and difficult to assess. Here is an example of the […]

How to determine award classification

The issue of whether an award or enterprise agreement applies to an employee, and if so what classification applies to his or her work, is often vexed. It is a matter which comes before the courts frequently, for example in cases to recover award or enterprise agreement entitlements. It is also sometimes relevant in unfair […]

Modern awards and enterprise agreements in the fair work system

The issue of whether a modern award, or for that matter an enterprise agreement,  covers the terms of employment of an employee is often very important to the carriage of an unfair dismissal case because an employee will be protected from unfair dismissal under the provisions of the Fair Work Act even if his or […]