Resourcing

Recruitment, training, employment contracts, post-termination non-compete clauses, varying a contract of employment.

Australia :: Job adverts

Job advertisements must not include pay rates that undercut employees’ minimum statutory entitlements, regardless of when the advert was originally posted …

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Australia :: Fixed-term contracts

In Australia, employers may not employ someone on a fixed-term contract that: (1) is for two or more years (including extensions); (2) is sought to be extended more than once, or (3) is a new contract that is for the same (or a substantially similar) role as previous contracts …

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Australia :: Distant working

In 2022, the Queensland Industrial Relations Commission (QIRC) upheld an employer’s decision to reject the request by a HR advisor to continue working from home on a full-time basis when she relocated interstate …

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Australia :: Vocational placements and internships

A vocational placement is a period of work undertaken as part of an educational or training course, authorised by a law or administrative arrangement …

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Australia :: Trial periods

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Australia :: Part-time contracts

The applicable industrial instrument (modern award or enterprise agreement) shall define the part-time worker in the circumstances …

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Australia :: On-hire employees (temporary agency workers)

Whilst on-hire an employee enjoys entitlements under the National Employment Standards, the relevant modern award and any enterprise agreements made by the hire business …

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Australia :: Permanent and Temporary Contracts

Applicable modern awards or enterprise agreements may prescribe how the employer should draw up the employment contract …

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Australia :: Criminal records

In order to avoid any subsequent allegations of discrimination, employers are advised by the Australian Human Rights Commission to only request details of an employee’s or prospective employee’s criminal record where it may be relevant to the inherent characteristics of the job …

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Australia :: Casual and independent workers

Employers may generally continue to employee casual workers for a series of assignments without fear that the relationship will be automatically considered as one of “employment” per se, provided the contractual terms of a casual relationship are correctly worded and, for instance, a worker may refuse new assignments, does not work to a regular pattern and qualifies for a compensatory pay loading, then a casual basis can be maintained …

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