About Us

We work collaboratively with our clients to build strong, sustainable relationships. Our team is committed to delivering consistent high standards of service, and we understand the importance of accessibility. Working with us, you'll enjoy open communication, meaning well scoped, properly resourced and effectively managed matters.

Learn More

Latest Case

Advising on market-changing divestments September 25, 2018

Maddocks  acted for the founder of Australia’s largest private pilot training school, Soar Aviation, on the group’s 50 percent sale to Australian private equity investor The Growth Fund. Soar Aviation was started in 2012 by … Continued

Latest News

Strong signals: Maddocks advises on television broadcast services outsourcing October 10, 2018

Wednesday 10 October 2018 Maddocks has advised NPC Media on its deal to provide playout services for Southern Cross Austereo’s 105 television broadcast signals through NPC Media’s new playout centre. NPC Media is a joint … Continued

Latest Article

When being natural can be misleading: recent consideration of organic product claims October 15, 2018

Recent decisions by the Australian Competition and Consumer Commission and the Federal Court of Appeal have demonstrated that it can be a fine line between branding and product claims: with a wrong step amounting to … Continued

Four-year Modern Award review: what it means for you

When the Fair Work Act was introduced in 2009, the Act brought with it an obligation on the Fair Work Commission to carry out four-yearly reviews of modern awards.

The review of the higher education modern awards, namely the Higher Education Industry Academic Staff Award 2010 and the Higher Education Industry General Staff Award 2010, has been happening for some time now and the Commission has received submissions from various parties on a range of issues.

The most significant issue for the higher education industry considered to date has been that of casual employment. It has been proposed the casual employment clause in the higher education modern awards be amended to require:

  • a minimum engagement period of four hours (up from three hours in the current awards)
  • a deeming provision that affects casual conversion rights.

It is this deeming provision that could have the most impact on how institutions engage casual employees.

Firstly, the deeming provision would reduce the service eligibility threshold for casual conversion from 12 months to six months. Secondly, instead of requiring an employer to not unreasonably refuse a casual employee’s conversion to a permanent employee, a casual employee who has worked for more than six months will automatically be deemed to be a permanent employee, and written reasons would need to be provided if conversion is rejected. The proposed model term also sets out provisions dealing with the hours of work that must be offered for non-casual employment and the recognition of prior casual service.

The Commission is yet to make a determination regarding the amendments, with a determination likely in early 2017. Any determination ultimately made by the Commission will have an impact on your institution’s next enterprise agreement. This is because before the Commission can approve an enterprise agreement, it must be satisfied that employees would be better off on an overall basis when compared to the underlying modern award. This is known as the better off overall test, or the ‘BOOT’.

If the proposed amendments are made to the casual employment clause, and your institution’s enterprise agreement does not take into account those amendments, the enterprise agreement may be found to not pass the BOOT, resulting in the need for undertakings to be given or continued negotiations.

It is therefore important you take into account any changes made to the higher education modern awards through the four-yearly review process.

When the Fair Work Act was introduced in 2009, the Act brought with it an obligation on the Fair Work Commission to carry out four-yearly reviews of modern awards.

The review of the higher education modern awards, namely the Higher Education Industry Academic Staff Award 2010 and the Higher Education Industry General Staff Award 2010, has been happening for some time now and the Commission has received submissions from various parties on a range of issues.

The most significant issue for the higher education industry considered to date has been that of casual employment. It has been proposed the casual employment clause in the higher education modern awards be amended to require:

  • a minimum engagement period of four hours (up from three hours in the current awards)
  • a deeming provision that affects casual conversion rights.

It is this deeming provision that could have the most impact on how institutions engage casual employees.

Firstly, the deeming provision would reduce the service eligibility threshold for casual conversion from 12 months to six months. Secondly, instead of requiring an employer to not unreasonably refuse a casual employee’s conversion to a permanent employee, a casual employee who has worked for more than six months will automatically be deemed to be a permanent employee, and written reasons would need to be provided if conversion is rejected. The proposed model term also sets out provisions dealing with the hours of work that must be offered for non-casual employment and the recognition of prior casual service.

The Commission is yet to make a determination regarding the amendments, with a determination likely in early 2017. Any determination ultimately made by the Commission will have an impact on your institution’s next enterprise agreement. This is because before the Commission can approve an enterprise agreement, it must be satisfied that employees would be better off on an overall basis when compared to the underlying modern award. This is known as the better off overall test, or the ‘BOOT’.

If the proposed amendments are made to the casual employment clause, and your institution’s enterprise agreement does not take into account those amendments, the enterprise agreement may be found to not pass the BOOT, resulting in the need for undertakings to be given or continued negotiations.

It is therefore important you take into account any changes made to the higher education modern awards through the four-yearly review process.