Recent Blogs

The legality of Public Health Orders (PHOs) and vaccination directives aimed at managing the COVID-19 pandemic is being challenged in courts across the Eastern seaboard. The cases are being closely watched, as they involve arguments about civil liberties and human rights. In a judgment published last Friday afternoon (and watched online by over 30,000 viewers), […]

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In a very timely new decision, the Fair Work Commission has given further guidance for employers about policies mandating vaccines and, in particular, when such policies are likely to be considered lawful and reasonable. In our April 2021 blog we reviewed the previous decision of the Commission considering the validity of a mandatory flu-vax policy in Goodstart […]

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The last week has seen some developments in the COVID-19 space that give employers guidance about their potential liability for: COVID-19 contracted by employees in the course of their employment; and side effects of COVID-19 vaccination if the employer has mandated or encouraged vaccination. One NSW Personal Injury Commission case has confirmed that employees will […]

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The High Court has clarified  the common law ‘test’ for determining whether an employee is a casual employee under the Fair Work Act 2009 (Cth) (FW Act) and it is significant, because it departs from the established case law.  However, the decision’s impact is limited because the common law test has been supplanted by a […]

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The Fair Work Commission Full Bench has demonstrated a degree of pragmatic flexibility in applying the better off overall test (the BOOT) to a Commonwealth Bank of Australia Group (CBA Group) enterprise agreement – the Commonwealth Bank Group Enterprise Agreement 2020 (the Agreement). The Full Bench has indicated that it will accept a ‘reconciliation clause’ […]

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In a development that will be welcome to retail employers and might pave the way for changes in other industries, the Fair Work Commission (FWC) has amended the General Retail Industry Award 2020 (Retail Award) to provide greater flexibility in rostering and managing part-time workers. Under the amendments, which came into effect on 1 July […]

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The beginning of the financial year on 1 July 2021 marks the date on which a number of employment-related rates will increase. In addition to wage increases arising from the Fair Work Commission’s recent Annual Wage Review that we dealt with in a recent post, we highlight other increases to the high income threshold, tax […]

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As foreshadowed in our April blog (here), on 24 June 2021 the Federal Government introduced the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 into Parliament. The Bill is a response to the Sex Discrimination Commissioner’s 2019 report Respect@Work. It seeks to amend both the Fair Work Act 2009 (FW Act) and […]

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In its annual wage review for 2020/21, the Fair Work Commission (FWC) has decided to increase the national minimum wage and all modern award rates of pay by 2.5%.  The new national minimum weekly wage will be $772.60, equating to an hourly rate of $20.33. As with last year’s COVID-19 affected wage review, the FWC […]

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FWC delivers shock to Deliveroo

Employment Disputes

A recent Fair Work Commission decision has put algorithms front and centre in the contractor/employee battle, by finding that Deliveroo’s ability to ‘control’ a worker using its algorithm weighed heavily in favour of an employment relationship.   Overview Last week the Fair Work Commission delivered its latest ruling on the question of whether a Gig […]

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