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Myth: I can alter any term of an Award by an Individual Flexibility Agreement (IFA)

by Nicole Dunn | Jan 20, 2020

This is not correct.     Awards specify the provisions that may be altered by an IFA.  Award provisions outside the specified terms cannot be altered.  The modern award flexibility term allows an IFA to be entered into to vary award provisions...

Myth: If I do not have a written employment contract I only need to apply the National Employment Standards (NES) notice provisions in terminating employment.

by Nicole Dunn | Dec 25, 2019

This is not correct. It may be that an employee, particularly a long term employee, is entitled to reasonable notice in excess of the notice provided by the NES. What constitutes reasonable notice depends on the circumstances of each case but, as a general rule, the...

Myth: I do not need an employment contract I can just rely on the award.

by Nicole Dunn | Nov 22, 2019

Myth: I do not need an employment contract I can just rely on the award. Busted: We would not recommend this. An award is the industrial instrument that sets out the minimum terms and conditions of employment, awards do not necessarily deal with all matters that are...

MYTH: When an Enterprise Agreement reaches its nominal expiry date it ceases to operated.

by Nicole Dunn | Oct 24, 2019

This is not correct. An Enterprise Agreement will continue to operate after the nominal expiry date has been reached unless it is terminated or replaced.  The risk of an Enterprise Agreement operating as an industrial instrument after its nominal expiry date is...

MYTH: A small business can never have a claim for unfair dismissal made against it.

by Nicole Dunn | Sep 25, 2019

This is not correct. A claim for unfair dismissal cannot be made unless the employee has completed the minimum period of employment.  The minimum period of employment for a small business employer (less than 15 employees) is 12 months and six months for all other...

MYTH: If I have an employment contract with an employee the award does not apply.

by Nicole Dunn | Aug 27, 2019

This is not correct. If an award applies to a role, it is the industrial instrument for that role.  An award sets out the minimum terms and conditions of employment.  An employment contract cannot reduce any award entitlement, it can provide additional...

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