Employment Contracts

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 […]

Read More

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 […]

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. Developments since then involving Uber, and a similar […]

Read More

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 […]

Read More

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 […]

Read More

The Commonwealth Government has proposed an amnesty for employers who are not compliant with superannuation guarantee laws. The amnesty is outlined in the Treasury Laws Amendment (2018 Superannuation Measures No. 1) Bill 2018, which was introduced into Commonwealth Parliament on 24 May 2018. If legislated, the amnesty will allow employers to correct certain failures to make […]

Read More

The Fair Work Commission (FWC), in its annual wage review, has decided to increase all award minimum rates of pay by 3.5% from 1 July 2018.  The new national minimum weekly wage will be $719.20. Some takeaways from the FWC’s decision include: the labour market has improved significantly – full time employment, hours worked and […]

Read More

Increasingly, ordinary people around the world are seeking and finding services through apps on our phones – arranging transportation with Uber, ordering food using Deliveroo, and sourcing a handyman through Airtasker1. This technology-enabled expansion of the ‘gig economy’ is providing increased options and simplicity for consumers. However, it also raises complex questions about the employment […]

Read More

On 15 December 2017, the Royal Commission into Institutional Responses to Child Sexual Abuse delivered its mammoth final report.  This was the culmination of the five year inquiry, during which the Commission heard from over 8,000 survivors of abuse. The report is wide ranging in the scope of its recommendations for an array of parties […]

Read More

The new financial year has brought important changes to the national minimum wage, minimum wage rates in modern awards, penalty rates in select modern awards, the high income threshold for unfair dismissal access, high income guarantees and maximum civil penalties that employers should be aware of. Set out below is a summary of these changes […]

Read More