Enterprise Bargaining: Notice of Employee Representational Rights

Posted June 20, 2014 4:50 pm

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.

“Parental Rights” and the Best Interests of the Child

Posted June 20, 2014 3:49 pm

The cornerstone of parenting matters in Australian Family Law is the principle that the best interests of the child are paramount. Sometimes, what is in the best interests of the child does not align with the expectations of either or both parents. It is those situations where the Court may be asked to decide how the child’s best interests are met. Where a parent’s expectations differ from the Court, or the outcome is unsatisfactory to them, it can appear that their “rights” as a parent have been ignored in favour of the “rights” of the other parent. This can lead to frustration, anger and ongoing conflict. In actual fact, such rights as parents may have are always secondary to the rights of the child. Therefore, it is beneficial for separated parents to understand how the law in Australia deals with parenting issues and how best to approach parenting issues when a relationship breaks down.