Recent Blogs

Truckie wins unfair dismissal after flawed workplace investigation. A NSW truck driver who was fired after hitting a dead kangaroo and for allegedly speeding was recently awarded $17,416 after the Fair Work Commission (FWC) found he was denied procedural fairness during the investigation process: Rodney Wilkins v Green Gables Express Pty Ltd [2019] FWC 2892. […]

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The Fair Work Commission (FWC), in its annual wage review, has decided to increase all award minimum rates of pay by 3% from 1 July 2019.  The new national minimum weekly wage will be $740.80. Unions had pushed for a 6% increase this year followed by a further 5.5% next year to provide for a […]

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The Federal Parliament has passed legislation which will primarily amend the Corporations Act 2001 (Cth) and the Taxation Administration Act 1953 (Cth) to consolidate and broaden the existing protections and remedies available to whistleblowers. What is a whistleblower? Put broadly, a whistleblower is a person who ‘blows the whistle’ – essentially, takes it on themselves […]

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As people return from holidays and schools start again, the commercial year begins… A number of developments that occurred in the employment/industrial regulatory landscape in 2018 will impact on how you do business in the year ahead.  You may be aware of and ready for all of them – but just in case, we have […]

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In May 2018, we reported that the Fair Work Commission had found an Uber driver was an independent contractor (not an employee) and so was not entitled to claim unfair dismissal. You can read our article regarding that decision, Kaseris v Rasier Pacific VOF [2017] FWC 6610, here. There have been a number of developments since […]

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Increasingly, Australian society as a whole is seeking to address the issue of domestic violence. That effort has now reached the world of employment regulation, with employers being required to provide additional support to employees who are victims of domestic violence. There have been two significant regulatory developments: First, as of 1 August this year1, […]

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From 1 November 2018 employers in Victoria need to be ready for significant changes to long service leave (LSL) accruals, greater flexibility around taking LSL and increased enforcement / compliance powers when the Long Service Leave Act 2018 (Vic) (2018 LSL Act) takes effect. LSL accrued before the 2018 LSL Act commences will not be […]

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The NSW Government has proposed legislation that will bring about substantial change to the liability of organisations in respect of incidents of child abuse (both sexual and physical) and which will, if passed, require organisations to review their policies and guidelines that are relevant both where employees, and parties other than employees, engage and interact […]

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The Federal Circuit Court has rebuked the Fair Work Ombudsman (FWO) for ‘naming and shaming’ respondents long before the hearing or a decision, in imposing a significantly lesser penalty on a Melbourne restaurant chain than the FWO sought for underpayments to employees. FACTS The Meatball & Wine Bar operated three Italian restaurants in Melbourne.  When […]

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On 16 August 2018, a Full Federal Court of Australia confirmed the importance of properly characterising the nature of a casual employment relationship. The decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131 (Workpac) also shone a searing light into the practice and common misunderstanding of the risks of using ‘permanent casuals’. Paul Skene […]

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