Recent Blogs

Queensland, Victoria and South Australia have each established a labour hire licensing scheme. Queensland was the first State to implement a labour hire licensing law, and has required providers to obtain a licence since 15 June 2018. Providers in Victoria and South Australia must apply for a licence by 29 October and 1 November 2019 […]

Read More

Modern Award Review Update

Award Conditions

The Fair Work Commission’s delayed four yearly review of Modern Awards is now moving into its final stages.  The Commission recently published: the first round of amendments, being ‘plain language’ variations to 21 Modern Awards, effective 30 August 2019; the first tranche of draft amended Modern Awards, with submissions on the drafts due 20 September 2019 and […]

Read More

Non-compliant payments to workers: is your tax deduction at risk?

Tax Law

Recent changes to tax law give employers greater reason than ever to be extremely careful in complying with their tax withholding obligations. The changes were made by the Treasury Laws Amendment (Black Economy Taskforce Measures No. 2) Bill 2018 – and, as the name suggests, the new rules are primarily designed to target businesses operating off-grid […]

Read More

Workplace ‘pranks’ receive criminal convictions

Work Health and Safety

A recent prosecution of two workers for Category One offences under the harmonised WHS laws resulted in convictions but no jail time for the offenders. The South Australian Employment Tribunal heard that a site supervisor, Mr Rowe, squirted flammable liquid onto an apprentice’s boot and used a cigarette lighter to ignite the liquid. A second […]

Read More

Anonymous twitter sacking lawful

Employment Disputes

It is not controversial that employers can lawfully sack employees who breach workplace policies – including policies on social media use and expression of public views outside of work. However, the limitations of employer power in this context have been the subject of much public debate recently. In this context, on 7 August 2019, the […]

Read More

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. […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More