Employment Law & WHS
- Employment Law & WHS
The industrial relations and employment division of McKays offers professional advice and solutions in the following areas...
Employment Legislation, Awards and Agreements
We can help you understand employment legislation and how it applies to your situation.
Appearing in the Fair Work Commission and other Tribunals
Our aim is to protect your interests in Industrial Commission matters where we can appear through professional advocacy and effective representation.
Understanding Employment Contracts
We can review your employment contract and advise you about the meaning of its terms and how they can affectyou, and advise you in negotiating suitable employment terms.
Early Dispute Resolution
Where you are involved in an employment dispute, we help you explore early dispute resolution opportunities
- To develop respected relationships with clients
- To work with and support our clients in the management and resolution of IR and HR issues
Our Unique Advantage
Our location in Mackay gives us an advantage in quickly and effectively assisting employers in the Central Queensland region.
Our extensive experience in the mining services industry and connections in the industry gives us a unique advantage in assisting mining services businesses to navigate the complexities of employment and contracting in mining services.
If you would like to find out more, view our Employment Law Talk newsletters.
Extensive experience in advising employees and employers in a range of industries such as:
- Mining Services
- Sugar Industry
- Beef production
- Professional businesses
Extensive experience in appearing in unfair dismissal, general protections and employment entitlements disputes in the Fair Work Commission and other relevant tribunals.
Extensive experience advising on draft employment contracts including in relation to clauses that were prepared to protect:
- Business customer relationships
- Business intellectual property
- Business confidential information
Extensive experience in responding to demands and legal proceedings alleging breach of confidentiality and employment restraint terms.
Employment Law issues can pose risks to any business. Innovative solutions are now required to minimise these risks from problems arising in the workplace. McKays' Employer's Survival Kit provides practical advice and recommendations for your business and gives you the opportunity to receive training sessions, telephone advice, reviewing and maintaining of employment contracts and much more.
From 1 July, 2021 the income and compensation caps for unfair dismissal claims will increase, along with filing fees for lodging an unfair dismissal application. The high income threshold rises from $153,600 to $158,500; The compensation cap increases from $76,800 to $79,250; The filing ..
The Fair Work Commission (FWC) has granted a 2.5% wages increase to minimum pay and award wage workers from 1 July 2021. The FWC has lifted the national minimum wage by $18.80 to $772.60 per week (or $20.33 an hour) for a full time employee. The flow on effect to Awards is a 2.5% in..
From 1 July 2021, the super guarantee rate will rise from 9.5% to 10%. All employers will need to ensure they have updated their payroll systems ready for 1 July to reflect this increase. Employers can be subject to interest and penalties for underpayments of super contributions to th..
The Fair Work Commission (FWC) has granted a 1.75% wages increase to minimum pay and award wage workers. The FWC lifted the national minimum wage by $13.00 to $753.80 a week, or $19.84 an hour. The flow on effect to Awards is a 1.75% increase. Significantly the start date of the rise..
The Fair Work Commission (FWC) recently dismissed an unfair dismissal claim brought by an ex-employee of a small business that sells bathroom supplies and fittings*. In rejecting the application for unfair dismissal, the Commissioner observed: “It appeared much of the issue for Mr Kh..
On Friday last week the Fair Work Commission (FWC) granted award covered workers a 3.5% increase. The FWC lifted the national minimum wage by $24.30 a week or 64 cents an hour to take effect from the 1st July, 2018. The flow on effect to Awards is a 3.5% increase. For example, t..
Six figure fine for wages exploitation of a young worker and for failure to keep records for 3 months The Fair Work Commission has fined a director $21,500 and his company $100,000 for “an outrageous exploitation of a young worker”. A second year apprentice plumber worked more than..
In an important decision by the Fair Work Commission (FWC), the FWC has decided to insert a provision for the conversion of casual employment to full-time part-time employment into all Awards. The decision was part of the FWC’s 4 yearly review of Awards. Some awards already contain a c..
During the recent weather events many businesses shut, resulting in employees being sent home and not being able to return to work for a few days. A question we are hearing from employers is;“Do we have to pay the staff?”. Similarly, we have had friends (employees) ask us, “Isn’t it si..
A recent story carried by many news outlets has put the spotlight on tattoos in the workplace. Chontelle McGoldrick, a 21 year old woman applied for a job with Qantas and Emirates. Her application was rejected because of a small tattoo about 2cm across on her ankle. She was told that if she..
The ABCC has released new guidance material dealing with various (typical) enterprise agreement clauses used in the construction industry, and identifying whether those clauses will comply with the 2016 Construction Code (Code). Employers in the construction industry that are covered..
The long awaited decision by the Fair Work Commission was handed down yesterday as part of its 4 yearly review of awards and penalty rates. The FWC decided to reduce Sunday penalty rates and public holiday penalty rates in awards covering the hospitality, retail, fast food and pharmacy sectors. ..
Training, signage and personal protective equipment (PPE) are some of the more visible and “go to” risk control measures adopted throughout workplaces. These types of controls are often the first that come to mind because they are more visible, more easily recognised and easier to implement ..
Recent amendments to the Workers Compensation and Rehabilitation Act 2003 (Qld) significantly affect indemnity clauses in service agreements. The amendment is especially important for contractors and labour hire businesses that use or supply labour into the mining and construction industries. ..
Standards of behavior expected of employees can be a difficult thing to navigate, particularly behavior that leads to termination of employment. Whether words are said in a moment of frustration, to add emphasis to a message, or over a series of events, one thing is clear from recent Fair Work d..