Increase to high income threshold and Fair Work Commission filing fees

Posted by Jul 10, 2020

Filing fee In accordance with the increase to the national minimum wage (our blog post on the minimum wage increase can be found here), the Fair Work Commission (Commission) has announced an increase to the application fee for unfair dismissals, general protections and anti-bullying applications to $74.50 from 1 July 2020. High income threshold The […]

Refusal to complete COVID 19 survey ends in lawful dismissal

Posted by Jul 2, 2020

In Kieran Knight v One Key resources (Mining) Pty Ltd T/A One Key Resources [2020] FWC 3324, the Fair Work Commission (FWC) upheld the dismissal of an employee (Mr Knight) who refused his employer’s (Employer) lawful and reasonable request to complete a survey about recent and upcoming travel plans in light of COVID 19 risks. […]

FWC rules employee unreasonably refused employer’s request to take annual leave while receiving JobKeeper

Posted by Jun 2, 2020

In Leonie McCreedy v Village Roadshow Theme Parks Pty Ltd [2020] FWC 2480, the Fair Work Commission (FWC) has held that an employee unreasonably refused her employer’s request to take annual leave. The employer requested Ms McCreedy to take one day of annual leave each week until either her annual leave balance was 2 weeks […]

FWC running in the fast lane

Posted by May 25, 2020

Recent changes have been made to the Fair Work Act 2009 (Cth) (FW Act) relating to the JobKeeper payment scheme. Under new Part 6-4C of the FW Act, eligible national system employers have been given temporary powers to: Give employees a JobKeeper enabling direction Request employees agree to altering their days or times of work […]

COVID-19 Information Hub

Posted by May 20, 2020

We have compiled the following list which provides businesses with the most relevant and up to date information relating to the COVID-19 pandemic. Don’t forget to sign up for our newsletter and like us on LinkedIn to obtain early access to our blog posts. Australian Taxation Office (JobKeeper Payment): https://www.ato.gov.au/general/jobkeeper-payment/ Fair Work Ombudsman: https://coronavirus.fairwork.gov.au/ Victorian […]

The Fair Work Commission rates Uber Eats delivery drivers – and they are not employees

Posted by May 14, 2020

The Full Bench of the Fair Work Commission (FWCFB) has confirmed the Commission decision at first instance that a delivery driver was not an employee either of Uber Eats, which provided the technology platform and advertising of its service, or of Portier Pacific Pty Ltd (Portier), the payment collection agent. The delivery driver was found […]

National COVID-19 Safe Workplace Principles

Posted by May 13, 2020

On 24 April 2020, the National Cabinet agreed to the 10 proposed National COVID-19 Safe Workplace Principles (Principles). The complete version of the Principles can be found here. The purpose of the Principles is to provide a framework for businesses to facilitate the safe return to work. The 10 Principles published on Safe Work Australia’s […]

Key changes for part-time employees with respect to personal/carer’s leave

Posted by Feb 20, 2020

The decision of Mondelez Australia Pty Ltd v AMWU [2019] FCAFC 138 considered the method of employees accruing and taking paid personal/carer’s leave in accordance with the National Employment Standards in the Fair Work Act 2009 (Cth). The decision has changed the way in which paid personal/carer’s leave is accrued and taken. This decision has […]

Updated work test eligibility for paid parental leave effective 1 January 2020

Posted by Jan 30, 2020

Amendments made to the Paid Parental Leave Act 2010 (Cth) effective from 1 January 2020 may have practical implications for some employers. The amended parental leave payment work test (New Work Test) now provides a wider protection for working women employed in industries where it is not safe for them to continue working while pregnant, […]

What’s in a report? Fair Work Commission key statistics from 2018/19

Posted by Nov 27, 2019

The Fair Work Commission (FWC) publishes their annual report each financial year which provides analysis of the applications received by the FWC in the previous year. The statistics in relation to FWC proceedings give valuable insight as to trends in the various jurisdictions of the FWC such as unfair dismissal, general protections and anti-bullying. Unfair […]