Abetz Curtis

When a claim for compensation is received, employers are required to calculate the amount of weekly payment to be paid to the worker. This is called the Weekly Payment Rate, it is the greater of the amounts derived from the Normal Weekly Earnings formula and the Ordinary Time Rate of Pay formula (s. 69(1)(a), Workers Compensation Act 1988).

One of the first steps in the enterprise agreement bargaining process is the issuing by an employer of notices of employee representational rights (‘Notices’) to relevant employees. The requirement to issue a Notice stems from section 173 of the Fair Work Act 2009 (Cwlth) (the ‘Act’). Disputes often arise between employers and unions or other employee bargaining representatives with respect to the content and distribution of Notices. The purpose of this paper is to summarise the purpose of a Notice and the procedural requirements that employers must adhere to when issuing Notices.