9 January Minimum safety net employment conditions January 9, 2019 By Reef Admin Employment agreements, Real Estate Industry Award 0 Many employers mistakenly believe that just because an employee signs a written employment contract, they don't need to worry about meeting award conditions. Right? Wrong! It's essential to always remember that awards (or, in some agencies, an enterprise agreement) form part of the minimum safety net of employment conditions for most employees in our industry. For example, if you have an employee with an employment contract that provides for an entitlement below that prescribed in the award (or, if applicable, an enterprise agreement), the employee will still be entitled to the minimum award or enterprise agreement conditions regardless of the terms of the contract. A contract cannot remove an employee's minimum safety net entitlements. But it can, or course, provide for more beneficial entitlements, as the employee will be better off. Related Dismissal during the Minimum Employment Period One of the most common questions our Workplace Relations Advisors are asked is whether an employer is required to give a reason for the dismissal of an employee if they’re within their Minimum Employment Period. Keeping post-employment restraints intact Enforcing a post-employment restraint can be extremely complex – and expensive! Matthew Robinson provides tips to help members through the process and maximise their chances of success. Court finds 15km post-employment restraint reasonable One of the most common problems faced by real estate employers is what to do to protect the commercial goodwill of the business from exploitation by ex-employees. REEF's Workplace Relations Advisor, Laura Clark, examines this all to common problem and details a recent Supreme Court case where a real estate employer successfully had a post-employment restraint upheld. What are my employment obligations under the NES? The National Employment Standards are a critical component of the employment safety net for Australian workers. Here we explain the 10 standards. What is the MITA: Qualifying for commission-only employment A new acronym is about to enter the real estate industry's lexicon. From 2 April 2018, references to commission-only employment will be uttered in the same breath as "MITA" – Minimum Income Threshold Amount. How can I restrain an ex-employee's conduct? It’s a common misconception that a post-employment restraint in an employee’s contract of employment isn’t worth the paper it’s written on. But the absence of a restraint leaves you with very limited opportunity to restrain an ex-employee's objectionable conduct. Comments are closed.