SA Public Sector Newsletter – Issue 12

8 October 2019


Welcome to Issue 12 of the SA Public Sector Newsletter. This fortnight has seen a number of news items in relation to employment regulation.

The SA Government has proposed to amend labour hire laws to narrow the scope to specific high-risk industries only (currently targeting cleaning, trolley collection and horticulture, meat and seafood processing). At present these changes will not alter obligations under the existing scheme for certain labour hire providers to be licensed by 1 November 2019.

The Federal Government has announced its intention to introduce criminal sanctions in cases of deliberate ‘wage theft’ underpayment of employees. The Federal Government has also confirmed it will seek leave to appeal the recent Full Federal Court decision of Mondelez v AMWU and Ors [2019] FCAFC 138, expressing concern that the case creates uncertainty regarding the calculation of personal/carer’s leave entitlements for employees.

In other judicial news, an Adelaide-based Uber Eats delivery driver is appealing a Fair Work Commission ruling that drivers are independent contractors and not employees. This will be a test case supported by the Transport Workers Union, and its outcome could have larger ramifications for other ‘gig economy’ business models.

We hope you enjoy this edition of our public sector newsletter.

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