Employment Contracts

Consistent with its recent judgment on casual employment in Workpac v Rossato, the High Court of Australia has locked in the primacy of the contract in assessing whether a worker is an employee or an independent contractor. Businesses familiar with the multi-factorial approach, under which all factors relating to (or the ‘totality’ of) a working […]

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When might an employer pay salaries rather than wages to workers covered by Modern Awards? What recent changes to the law help or hinder these arrangements? Employment law Partner Jacquie Seemann discussed these questions in an interview with law and accounting CPD course provider Television Education Network. Click here to listen to the full interview. […]

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The Fair Work Commission (FWC) has delivered a much-awaited decision, determining that an employee who refused to receive a flu vaccination was not unfairly dismissed.  The case provides guidance to employers about when policies mandating vaccines, including COVID-19 vaccines, may be lawful and reasonable. Background The employee, Ms Barber, had been employed by Goodstart Early […]

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There has been significant press around the government’s agenda to reform large parts of the Fair Work regime, most of which failed in the Senate. There has been less press around one significant set of changes that did survive the political process: an introduction, for the first time, of a substantive definition of ‘casual employment’ […]

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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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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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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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