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.
Proposed changes to agreements in new IR Bill
On 9 December 2020, Attorney-General and Industrial Relations Minister Christian Porter introduced the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (IR Bill) to the Australian Parliament. The IR Bill was drafted following the formation of five IR reform working groups which were made up of employer and industry groups and unions. […]
Investigators should be thorough in testing conflicting evidence
A recent decision by the Fair Work Commission (FWC) reminds employers a) of the importance of following a rigorous investigation process when serious allegations of misconduct are made, in this instance, theft, and b) that the FWC has to come to its own objective view as to the existence of a valid reason for termination […]
JobKeeper 2.0 –What you need to know
JobKeeper 2.0 – What you need to know As of 28 September 2020, changes to the JobKeeper scheme have extended the scheme until 28 March 2021. These changes include enabling employers that previously qualified for JobKeeper payments, but that no longer qualify because they have not met the threshold of a 30% decline in turnover, […]
Tips for new managers and new starters in HR
As employment lawyers, we sometimes don’t hear from certain clients until something goes wrong. It may be that the new recruit doesn’t have the skills to fit their job description, an unsuccessful candidate has made a discrimination complaint, or the challenging consequences of a poorly drafted employment contract are coming to light. With each of these […]
FWC considering award changes to allow more flexibility to work from home
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 […]
High Court decision on personal/carer’s leave
The High Court has handed down its decision in Mondelez today, finally settling the question about what “10 days” of personal/carer’s leave means. Employers now have certainty about entitlements. […]
We can no longer operate our business under Stage 4 restrictions. What do we do with our employees now?
Some businesses in Victoria have been operating for many months now with their employees working from home. For other businesses, due to the nature of their activities, this has simply not been possible. The latest restrictions for business, which came into operation last night, may mean that your business has to close its on-site operations for […]
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 […]
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. […]
Reminder for employers about wage increases
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 […]
