Nicholas Lamanna

May 22, 2024 | lexology.com | Nicholas Ogilvie |Nicholas Lamanna

The Fair Work Commission has now released a draft of the delegates’ rights term that will be inserted into every modern award and commence operating from 1 July 2024. The requirement to insert a delegates’ rights term into each modern award was one of the key measures in the Federal Government’s Closing Loopholes reform package. Section 149E of the amended Fair Work Act requires that each modern award include a delegates' rights term for any workplace delegates who are covered by the award.

Feb 21, 2024 | lexology.com | Shivchand Jhinku |Jessica E Light |Nicholas Lamanna

Whilst it was a ‘last minute’ addition, it appears that the most discussed aspect of the Federal Government’s recent Closing Loopholes workplace reform package has been the right to disconnect. This legislation marks the first time this right has been legislated in the context of Australian workplaces and represents a significant challenge for employers who may be grappling with this concept for the first time.

May 19, 2023 | lexology.com | Rohan Doyle |Nicholas Lamanna

Employers must have a close eye on 20 new principles to ensure agreements are ‘genuinely agreed’ to by employees, in enterprise bargaining negotiations that commence on and after 6 June 2023What is ‘genuine agreement’ and why is it important?

Apr 12, 2023 | hcamag.com | Nicholas Ogilvie |Nicholas Lamanna

In its decision of 25 August 2022, the Commission had flagged that changes were needed to certain modern awards because the existing shutdown, or “close-down” clauses as they are commonly known, contained in those instruments did not meet the modern award objectives contained at section 134 of the Fair Work Act. Why have the clauses been amended?