Recent Blogs

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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On 8 April 2021, the Prime Minister and Attorney General publicly endorsed the recommendations of the Respect@Work Report commissioned from the Sex Discrimination Commissioner, Kate Jenkins. Of most interest to employers was the Federal Government’s commitment to ‘simplifying and strengthening the legal framework, existing rights and obligations for employees and employers’. What to expect Some […]

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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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2021 is likely to bring a comprehensive review of some critical workplace legal issues as the High Court deliberates on a range of employment-related appeals. In February, the High Court granted leave to appeal in three significant legal cases including a contractor/employee dispute (Jamszek v ZG Operations), a labour hire/employee dispute (CFMMEU v Personnel Contracting) […]

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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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Yesterday, the Federal Parliament passed legislation extending the economic lifeline JobKeeper scheme for a further six months beyond its initial drop-dead date, until 28 March 2021 (Extended JK Scheme). Critically, the legislation: lays the foundation for the Federal Government to give effect to its intention, announced in late July/early August, to extend the scheme, though […]

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After some years of uncertainty, in a landmark decision[1], the High Court has clarified that: paid personal/carer’s leave under the National Employment Standards (NES) is calculated based on an employee’s ordinary hours of work; and ’10 days’ of paid personal/carer’s leave is to be calculated as 1/26 of an employee’s ordinary hours of work in […]

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