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Cautionary Tales in Employment Law

  Employment law is complex and ever changing. Mistakes can easily be made, often unintentionally. Unfortunately, these mistakes can leave employers unstuck dealing with significant adverse consequences. In this article we consider a number of cautionary tales in the area of employment law. Contractor or employee? For any business, correctly engaging a worker as either [...]

By | January 29th, 2021|Uncategorized|Comments Off on Cautionary Tales in Employment Law

To be or not to be casual: Proposed changes to casual employment

  The recent case of WorkPac v Rossato (“Rossato”) has amplified uncertainty around the definition of casual employment, pending an upcoming High Court appeal. The Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (“Bill”), introduced by the Federal Government on 9 December 2020, proposes to resolve this uncertainty. Among other things, the [...]

By | December 18th, 2020|Uncategorized|Comments Off on To be or not to be casual: Proposed changes to casual employment

2020 Employment Law Wrap-Up

2020 is sure to be remembered as the year where the only certainty was uncertainty. COVID-19 and related challenges have changed countless industries, and prompted sweeping employment law changes at record pace. In our “2020 Wrap-Up” we look back at some of the key developments in employment law in 2020, many of which will remain [...]

By | December 8th, 2020|Uncategorized|Comments Off on 2020 Employment Law Wrap-Up

“Rapacious” underpayment claims succeed

Despite characterising the claims as “rapacious”, the Federal Circuit Court has awarded over $1.3 million to a group of former Macquarie Bank wealth advisors for unpaid entitlements. This is notwithstanding the former employees earning significant commissions between 2013 and 2019, many in the millions of dollars. The three related underpayment claims involved over 50 wealth [...]

By | November 12th, 2020|Uncategorized|Comments Off on “Rapacious” underpayment claims succeed

JobKeeper Update: What’s changing from 28 September 2020?

By now, many businesses will be preparing for reduced JobKeeper payments which start from 28 September 2020. During the first extension period of the JobKeeper scheme, from 28 September 2020 to 3 January 2021, JobKeeper payments will be reduced to $1,200 or $750 per fortnight depending on the hours worked by eligible employees. Payments will [...]

By | September 24th, 2020|Uncategorized|Comments Off on JobKeeper Update: What’s changing from 28 September 2020?

No Signed Employment Contract: An Expensive Mistake

A signed employment contract is often the bedrock of good risk management. For me, it’s as important as making sure I always have enough fuel in my car to travel up to 5km from my home (and back again) to get groceries! All too often, employers get themselves into legal trouble by not having signed [...]

By | September 22nd, 2020|Uncategorized|Comments Off on No Signed Employment Contract: An Expensive Mistake

JobKeeper 2.0: What’s changing?

COVID-19 has proved to be a stubborn thorn in the side of Australia’s economic recovery. Thus, it has been necessary for the Federal Government to extend its economic support past the original end date of 27 September 2020. On 1 September 2020, the Government passed the Coronavirus Economic Response Package (JobKeeper Payments) Amendment Bill 2020. [...]

By | September 7th, 2020|Uncategorized|Comments Off on JobKeeper 2.0: What’s changing?

JobKeeper enabling stand down: the burden of reduced hours must be fair

The introduction of JobKeeper was accompanied by changes to the Fair Work Act 2009 (Cth) (“FW Act”) which gave eligible employers new powers. This included the power to issue a “JobKeeper enabling direction” (“JED”) to Jobkeeper employees. Among other things, JEDs allow employers to unilaterally reduce an employee’s hours, including to zero. This is referred [...]

By | August 31st, 2020|Uncategorized|Comments Off on JobKeeper enabling stand down: the burden of reduced hours must be fair

Independent Contractor Relationships: “An Area Replete With Traps For The Unwary”

The use of independent contractors instead of employees may seem an attractive alternative for some businesses during these uncertain times. However, be warned – this area is full of traps for the unwary. This article considers the two recent cases of Jamsek v ZG Operations Australia Pty Ltd [2020] FCAFC 119 and CFMMEU v Personnel [...]

By | August 12th, 2020|Uncategorized|Comments Off on Independent Contractor Relationships: “An Area Replete With Traps For The Unwary”

Jobkeeper enabling direction: you can’t treat all employees the same

Many of the new powers that employers have under the jobkeeper amendments to the Fair Work Act 2009 (Cth) (“FW Act”) cannot be exercised unreasonably in all of the circumstances. The Transport Workers Union of Australia v Prosegur Australia is the first Full Bench authority which has considered the meaning of “unreasonable in all circumstances”. [...]

By | July 22nd, 2020|Uncategorized|Comments Off on Jobkeeper enabling direction: you can’t treat all employees the same