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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.

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 […]

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 […]

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 […]

Preparing for the return to the office (and bidding a fond farewell to our track pants…)

Posted by Jun 2, 2020

Approximately 10 weeks ago Justitia, along with many employers around the world, swiftly moved to an entirely remote workplace. For many organisations in Australia, the move to remote working has been fraught with challenges, however on the whole we must marvel at what was achieved in such a short period of time. Having navigated the […]

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 […]

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 […]

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 […]

JobKeeper Scheme: Eligible employers granted sweeping powers under the Fair Work Act

Posted by Apr 15, 2020

On 9 April 2020, the Coronavirus Economic Response Package Omnibus (Measures No. 2) Act 2020 (Cth) received Royal Assent.  Employers need to be aware that this legislation amends the Fair Work Act 2009 (Cth) (the Act) in a number of significant ways.  Given the current situation, many employers are grappling with reduced demand and/or government restrictions […]