Award Conditions

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 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 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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The Fair Work Commission (FWC), in its annual wage review, has decided to increase all award minimum rates of pay by 3% from 1 July 2019.  The new national minimum weekly wage will be $740.80. Unions had pushed for a 6% increase this year followed by a further 5.5% next year to provide for a […]

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As people return from holidays and schools start again, the commercial year begins… A number of developments that occurred in the employment/industrial regulatory landscape in 2018 will impact on how you do business in the year ahead.  You may be aware of and ready for all of them – but just in case, we have […]

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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. There have been a number of developments since […]

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Increasingly, Australian society as a whole is seeking to address the issue of domestic violence. That effort has now reached the world of employment regulation, with employers being required to provide additional support to employees who are victims of domestic violence. There have been two significant regulatory developments: First, as of 1 August this year1, […]

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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 […]

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