On the couch
On the couch
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We have a very comfortable virtual couch at Justitia, which is where we have our best discussions. This is what we’re talking about at the moment.
Increase to high income threshold and Fair Work Commission filing fees
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 […]
Justitia spotlight – An interview with Julia Eastoe
Interviewer: Grace Gibson, Legal Research Assistant – Grace is a fourth year Bachelor of Laws (Honours)/Bachelor of Arts student at Monash University and currently works as a Legal Research Assistant. Julia, it has been almost a year since you joined the team here at Justitia. Tell me a bit about your background and career prior […]
Refusal to complete COVID-19 survey ends in lawful dismissal
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
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
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 […]
The Fair Work Commission rates Uber Eats delivery drivers – and they are not employees
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
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 […]
Preparing for Coronavirus in the workplace – key questions for employers
Organisations across Australia are currently preparing for, and dealing with, the impact of Coronavirus (COVID-19) (Coronavirus). According to experts, it is a question of when, not if, a pandemic will be declared and the Australian Government has already triggered its emergency response plan. A pandemic, according to the World Health Organisation, is the worldwide spread […]
Key changes for part-time employees with respect to personal/carer’s leave
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
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, […]
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