Recent Blogs

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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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 […]

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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 […]

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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 […]

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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. […]

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