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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.

FWC considering award changes to allow more flexibility to work from home

Posted by Sep 7, 2020

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 […]

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 […]

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. […]

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 […]

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 […]

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 […]