Recent Blogs

A true ‘casual’ employee does not have a ‘firm advance commitment’ as to the duration of their employment, or the days or hours they will work. This is the ruling of the Full Court of the Federal Court in WorkPac v Rossato[1], reinforcing its recent decision in WorkPac v Skene[2] (see our previous blog here). […]

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On 18 May 2020, the Federal Court ruled[1] that Qantas does not have to pay personal (sick)/carer’s leave or compassionate leave to any of its more than 20,000 workers who apply for that leave after being temporarily stood down without pay amidst the COVID-19 pandemic. The judgment does not address directly the question of whether […]

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Uber – the global face of the Gig Economy – has survived another legal challenge, and fought off the claim that Uber Eats delivery drivers are ’employees’ for the purposes of Australian unfair dismissal laws. In 2017, and again last year, Uber won two important unfair dismissal cases in the Fair Work Commission (FWC). In […]

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It has become obvious to us all that our existing employment laws were not designed for a pandemic. To some extent, those problems have now been addressed by changes to the Fair Work Act 2009 (Cth) (FW Act) made as part of last Wednesday’s Commonwealth COVID-19 economic relief package. In particular, changes have been made […]

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On 28 March 2019, the Fair Work Commission (FWC) granted an application to vary the Clerks – Private Sector Award 2010 (Clerks Award). The variation inserted a new Schedule 1 to the Clerks Award, which will expire on 30 June 2020, unless extended.  As noted in the FWC’s Determination, the variations ‘are aimed at preserving […]

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Have you ever wondered which employees are covered by the Miscellaneous Award 2010 (Miscellaneous Award)?  You are not alone.  After finding that the answer isn’t clear the Fair Work Commission (FWC) has released a draft update to the coverage clause[1] and has asked interested parties to lodge their submissions in response and evidence by 4 […]

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The Fair Work Commission’s review of modern awards has resulted in amendments to 23 awards that will impact on many employers. The new annualised wage clauses take effect from 1 March 2020, and potentially impose significant obligations on employers. You might need to take appropriate action before 1 March; please read our blog to see if […]

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The Full Federal Court has provided employers with much-needed guidance on when they can lawfully dismiss employees suffering from a disability.  The decision in Western Union Business Solutions (Australia) Pty Ltd v Robinson [2019] FCAFC 181 shows that a dismissal due to an employee’s incapacity to return to work will not necessarily lead to a finding […]

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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 […]

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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 […]

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