AWL Bulletins

News articles written by Australian Workplace Lawyers for reference and review:

Modern industrial award myths busted!

There are some common myths about modern industrial awards in our system of employment law; 1. Employers can agree with employees to “opt out” of an industrial award. Not correct. Awards apply as a matter of law and not choice. An employee can agree not to be subject...

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Is unfair dismissal just a symbolic remedy?

Whenever employment is terminated, the first legal remedy to consider is a statutory unfair dismissal claim. We say “statutory” because the remedy only exists under legislation. There is no common law concept of unfair dismissal. At common law, employers can terminate...

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When is a settlement not a settlement?

Most people go into conciliation conferences in the Fair Work Commission thinking about the basic outcomes they want, whether it be reinstatement, a resignation, compensation or other non financial outcomes. A practical settlement at a conference often involves the...

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