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July 2006

AIRC Rejects Operational Reasons Defence in Unfair Dismissal Case

The Australian Industrial Relations Commission (“AIRC”) has seemingly reduced the potential for employers to rely on the “genuine operational reasons” basis for dismissing employees in its decision in Perry v Savills (Vic) Pty Limited (U2006/3922), handed down on 20 June 2006.

Record Keeping Obligations Under Work Choices Legislation

Section 836 of the WPR Act provides that the regulations may make provisions in relation to the making and retention by employers of records relating to the employment of employees and the inspection of such records.  The Workplace Relations Regulations 2006 (Cth) (“the WPR Regulations”) that came into effect on 27 March 2006 set out the detailed and onerous requirements concerning the making and retention of records relating to employees in Chapter 2, Part 19, Division 2. 

Workplace Agreements

Division 2 of Part 8 of the Workplace Relations Act 1996 (Cth) (“the WPR Act”), as amended by the Workplace Relations Amendment (Work Choices) Act 2005 (Cth) (”Work Choices”), sets out six different types of workplace agreements that are available.

Publication Human Resources July 2006.pdf

All Kemp Strang Briefs are intended to keep readers abreast of legal and firm developments current on issue of the Brief. They are not to be relied upon as a substitute for professional advice. Before acting on any specific matter please contact us.