Award Conditions
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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Rebuke for employment watchdog over ‘naming and shaming’
4 September 2018
The Federal Circuit Court has rebuked the Fair Work Ombudsman (FWO) for ‘naming and shaming’ respondents long before the hearing or a decision, in imposing a significantly lesser penalty on a Melbourne restaurant chain than the FWO sought for underpayments to employees. FACTS The Meatball & Wine Bar operated three Italian restaurants in Melbourne. When […]
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On 16 August 2018, a Full Federal Court of Australia confirmed the importance of properly characterising the nature of a casual employment relationship. The decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131 (Workpac) also shone a searing light into the practice and common misunderstanding of the risks of using ‘permanent casuals’. Paul Skene […]
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In the lead up to the new financial year, many government agencies announce changes to take effect on 1 July. The Fair Work Commission (FWC) is no exception. Recently, the FWC announced an increase to the minimum wage from 1 July 2018, with proportionate increases to follow through to all modern award minimum rates. The […]
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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 3.5% from 1 July 2018. The new national minimum weekly wage will be $719.20. Some takeaways from the FWC’s decision include: the labour market has improved significantly – full time employment, hours worked and […]
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Fair Work Act compliance risks increase tenfold – Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017
7 September 2017
Employers and franchisors need to be aware of the significant changes they will need to make in the short term after the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 passed this week. These amendments are scheduled to commence in the next couple of weeks. What are the changes? Once these changes to the Fair […]
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The new financial year has brought important changes to the national minimum wage, minimum wage rates in modern awards, penalty rates in select modern awards, the high income threshold for unfair dismissal access, high income guarantees and maximum civil penalties that employers should be aware of. Set out below is a summary of these changes […]
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The Federal Government has introduced extensive changes to the Fair Work Act 2009 (FW Act) to massively increase penalties for businesses that underpay workers; engage in ‘serious contraventions’ regarding employee entitlements; and/or fail to keep records, such as pay-slips. Penalties for ‘serious contraventions’ are increased tenfold, meaning that the maximum fine for a company will […]
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