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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.

High Court decision on personal/carer’s leave

Posted by Aug 13, 2020

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?

Posted by Aug 6, 2020

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

Posted by Jul 10, 2020

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

Posted by Jul 2, 2020

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

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 […]

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 […]