FWC considering award changes to allow more flexibility to work from home

Posted by Sep 7, 2020

Acknowledging that the COVID-19 pandemic has accelerated working from home arrangements, the Fair Work Commission (FWC) has released a draft modern award schedule addressing working-from-home arrangements (accessed here). It is likely to be particularly relevant for small businesses, who are unlikely to be covered by an enterprise agreement. This draft model schedule may be included […]

Reminder for employers about wage increases

Posted by Jul 1, 2020

As we commence the new financial year, we remind employers that some of you may very soon be required to increase wages for your employees. Are you one of those employers? Read on to consider whether this legal obligation affects you. If you are an employer who pays: the minimum wage to your award/agreement free […]

When is a casual not a casual?

Posted by Jun 2, 2020

Following on from the 2018 decision of WorkPac Pty Ltd v Skene [2018] FCAFC 131, the Federal Court has again demonstrated that workers engaged as casual employees can be found to be permanent employees with entitlements to paid leave and paid public holidays.  In WorkPac Pty Ltd v Rossato [2020] FCAFC 84, the Full Federal […]

Court finds Qantas not required to pay sick leave

Posted by May 20, 2020

The Federal Court has found that employees are not entitled to access paid personal leave or compassionate leave during a period of stand down. In Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia & Ors v Qantas Airways Limited, several unions brought a challenge on behalf of Qantas employees who […]

A BRAVE NEW WORLD – MAKING REMOTE WORKING WORK

Posted by Apr 2, 2020

How do we do it safely? At Justitia we are keenly aware of the challenges facing organisations when it comes to remote working, as we are facing them as well! As entire organisations adjust to an online environment, we are all feeling our way, identifying solutions and working together to make a seemingly impossible situation […]

All in? Updates to rules for annualised wage arrangements

Posted by Feb 13, 2020

What is an annualised wage arrangement? Some modern awards contain provisions for an annualised wage arrangement. An annualised wage arrangement is a mechanism by which an employer pays an annualised wage to an award employee that is equal or superior to the entitlements required by the modern award. This allows for payment of a higher […]

Best practice whistleblowing practices – learnings from the APSAC conference

Posted by Nov 6, 2019

Last week I attended the 7th Australian Public Sector Anti-Corruption Conference. Given the  changes to the private sector whistleblowing legislation this year, I was particularly interested in the two sessions regarding the risks and best practice for managing whistleblowing complaints. First up was Professor A J Brown and Ms Jane Olson who are two of […]

Message received – FWC says text message dismissal was “unconscionably undignified”

Posted by Jul 12, 2019

Casual employment is a popular option for employers who want flexibility. However, employers should not assume that this flexibility allows them to dismiss casual employees without due process or consequence. In the recent decision of Kurt Wallace v AFS Security 24/7 Pty Ltd, an employer was harshly criticised for summarily dismissing a casual security guard […]

Private Sector Whistleblowing Laws Finally Introduced

Posted by Mar 4, 2019

After a lengthy spell in parliament, the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2018 passed both Houses of Parliament on 19 February 2019. The policy reasons for these new laws are stated in the Explanatory Memorandum: Combating corporate crime is a longstanding law enforcement and public policy challenge. Corporate crime is estimated to cost […]

Looming election and Labor’s IR Policy Platform

Posted by Feb 25, 2019

With a Federal Election due to be held by May 2019, industrial relations is already shaping up as a key battleground for the major political parties. The Australian Labor Party (Labor) has announced several policies relating to employment and industrial relations in their 2018 draft National Policy Platform. In the event Labor are elected, the […]