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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.

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 […]

COVID-19 – It’s not all about stand down; what about varying your enterprise agreement?

Posted by Apr 3, 2020

In response to the coronavirus pandemic, you would have seen in the media that a number of employers, large, medium and small, from a wide range of industries are standing down employees. Stand down is permissible in more limited situations than current reporting would have you believe. Employers are also utilising other measures such as […]

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 […]

Preparing for Coronavirus in the workplace – key questions for employers

Posted by Mar 3, 2020

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 […]

Justitia Spotlight – An interview with Kelly Ralph

Posted by Feb 27, 2020

Interviewer: Alexandra Beasley, Legal Research Assistant – Alex is a final year Bachelor of Laws (Honours)/Bachelor of Arts student at Monash University. Alex’s desire to learn from lawyers who take a proactive approach to employment law led her to commence her role as a Legal Research Assistant at Justitia.  Tell us a bit about yourself. […]

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 […]

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 […]

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, […]