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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.

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 […]

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 […]

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 […]

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, […]

‘Tis the Season

Posted by Dec 12, 2019

It is the that time of year again when organisations send out their reminders to managers and staff (sometimes separately) about the expectations of appropriate behaviour at work related Christmas parties and events.  Occasions when, inevitably, there is someone who becomes just that little bit too relaxed and perhaps even uninhibited, under the spell of […]

What’s in a report? Fair Work Commission key statistics from 2018/19

Posted by Nov 27, 2019

The Fair Work Commission (FWC) publishes their annual report each financial year which provides analysis of the applications received by the FWC in the previous year. The statistics in relation to FWC proceedings give valuable insight as to trends in the various jurisdictions of the FWC such as unfair dismissal, general protections and anti-bullying. Unfair […]