Yearly Archives: 2018

/2018

Federal Government Creates Regulation in Response to WorkPac. Does it Go Far Enough?

Following the Full Court of the Federal Court’s decision in WorkPac v Skene, the federal government came under pressure to address unfairness which can arise as a result of that decision. On 18 December 2018, the Fair Work Amendment (Casual Loading Offset) Regulations 2018 (“Regulation”) took effect. This Regulation was created to address the effects [...]

By | December 20th, 2018|Uncategorized|Comments Off on Federal Government Creates Regulation in Response to WorkPac. Does it Go Far Enough?

Ch-Ch-Changes – Five Changes 2019 Might Bring to Workplace Law

The only constant in workplace law is change. 2019 promises to be no exception to that. Many legislative changes have already been announced for the new year. Here are five changes for 2019 employers should look out for. 1 – Casual Conversion Clauses extended to Most Employees The Coalition has announced it will legislate to [...]

By | December 17th, 2018|Uncategorized|Comments Off on Ch-Ch-Changes – Five Changes 2019 Might Bring to Workplace Law

Employment Law in 2018 – Top 3 Developments for Medical Practices

As with most years, employment law developed significantly. 2018 introduced key changes for employers across many industries, including the health sector. Last year we discussed the law’s shift against flexible work arrangements. To an extent, 2018 continued that trend. Medical practices regularly engage support staff or nursing staff on a casual basis. Now, the use [...]

By | December 12th, 2018|Uncategorized|0 Comments

2018 Employment Law Wrap-Up

  As with most years, employment law developed significantly in 2018. Last year we discussed the law’s shift against flexible work arrangements. To an extent, 2018 continued that trend. The use of long-term casual engagements by many employers has been constrained by the Full Court of the Federal Court’s decision in WorkPac v Skene and [...]

By | December 10th, 2018|Uncategorized|0 Comments

Dismissing Employees for Incapacity: What Medical Practices Should Know

https://www.youtube.com/watch?v=ZDwunT34Je8 As medical professionals, practice owners may have performed numerous independent medical examinations and given opinions on employees’ capacity to work. Yet on the flip side, practice owners should be aware of their own obligations as employers. This article discusses the law regarding capacity-based dismissals. It relates to instances where there is evidence to [...]

By | October 19th, 2018|Uncategorized|0 Comments

Changes to the Law: Capacity Based Dismissals

http://www.youtube.com/watch?v=ZDwunT34Je8&feature=youtu.be In September 2017 we published an article discussing the law regarding capacity-based dismissals. Since then, the law has changed. CSL Limited T/A CSL Behring v Chris Papaioannou [2018] FWCFB 1005 has now clarified the correct approach to be taken in capacity-based dismissals. This relates to instances where there is evidence to support that [...]

By | October 16th, 2018|Uncategorized|0 Comments

Medical Practice Update: Is my casual really a casual?

https://www.youtube.com/watch?v=wAV0oXIZQG0&feature=youtu.be The employment law landscape continues to change with a number of significant decisions in recent months. WorkPac Pty Ltd v Skene [2018] FCAFC 131 made news Australia-wide. In WorkPac it was held that an employee purportedly engaged as a casual, was not a casual employee for the purposes of the Fair Work Act 2009 [...]

By | October 11th, 2018|Uncategorized|0 Comments

When is a casual not a casual

https://www.youtube.com/watch?v=giQRqnIRMj0 The employment law landscape continues to change with a number of significant decisions in recent months. WorkPac Pty Ltd v Skene [2018] FCAFC 131 made news Australia-wide. In WorkPac it was held that an employee purportedly engaged as a casual, was not a casual employee for the purposes of the Fair Work Act 2009 [...]

By | October 2nd, 2018|Uncategorized|0 Comments

Employment Law Changes Medical Practices Should Know – Part 2

  This is the second part of our Employment Law Update for medical practices. This part of our article discusses two topics. The first is when a prior period of casual employment may count for the purpose of calculating redundancy payouts. The second is when an employee can use a medical report created after their [...]

By | September 4th, 2018|Uncategorized|0 Comments

Employment Law Changes – Part 2

  This is the second part of our August Employment Law Update. This part of our August article discusses two topics. The first is when a prior period of casual employment may count for the purpose of calculating redundancy payouts. The second is when an employee can use a medical report created after their dismissal [...]

By | August 21st, 2018|Uncategorized|0 Comments