Employment
FWO Focuses on Hospitality Underpayment & Compliance Obligations
On 13 July 2020, Sandra Parker, the current Fair Work Ombudsman (FWO), announced the main strategic priorities for the 2020/2021 Financial Year are to address corporate underpayments and assist workplaces through the Covid-19 pandemic. The priority to address underpayment of employees will focus on several specified industries, including the hospitality industry. This might seem harsh …
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Workplace Meme Culture: Satire Not Grounds for Dismissal says FWC
The internet has been an area of controversy in employment law for a number of years. Many late-night rants and political outbursts have been the subject of unfair dismissal proceedings. What we post on social media can easily be viewed by our employers. It often has a direct bearing on our employment when content is …
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Doors open to casual worker leave entitlements following landmark court ruling
Recently, the Federal Court handed down its highly-anticipated employment decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84. The decision concerned an employee of the labour-hire company known as WorkPac. The employee had been employed by WorkPac through a number of consecutive casual employment agreements for mining projects in Queensland. The employee entered into …
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Fair Work implements additional measures to protect Modern Awards in light of COVID-19
The Full Bench of the Fair Work Commission (FWC) have determined by hearing on 8 April 2020 to amend modern awards to accommodate for the COVID-19 pandemic. This comes following the provisional views of the FWC released at the start of the month detailing their views on the impact of COVID-19 on employment arrangements. What …
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Five new powers of employers
The five new powers of employers Employers who qualify for the JobKeeper Scheme (a JobKeeper employer) now have the ability to take certain actions when their employees cannot be usefully employed due to COVID-19. This includes: standing down employees; reducing employees’ hours of work; directing employees to undertake certain duties, which may differ from their …
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Global pandemic is no excuse, employers obligated to protect health and safety of employees
With an increase in the number of people working from home or working remotely because of COVID-19, it is important for employers to understand that their work health and safety (WHS) obligations have not ceased. Now more than ever, employers should refresh themselves on their responsibilities when it comes to ensuring their staff maintain a …
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Changes to Annualised Salaries under Modern Awards
From 1 March 2020, the Fair Work Commission has introduced new requirements for the payment of Annualised Salaries under Modern Awards. These changes will increase the obligations on all employers who pay their employees an annualised salary under a relevant Modern Award. These changes impact on any additional hours an employee works, and how they …
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Risk of defamation for businesses with a Facebook page
In Australia, the concept of free speech, although not enshrined in our Constitution, is a fundamental principle that many individuals seek to exercise. However, this principle is not a licence to make statements that ruin a person’s reputation in the eyes of the community. The case of Voller v Nationwide News Pty Ltd.; Voller v …
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New Law – Broader coverage of the Secure Local Jobs Code
From 7 November 2019, businesses that want to provide services worth more than $200,000 to the ACT Government must have a Code Certificate and Labour Relations, Training and Workplace Equity Plan. From January this year businesses tendering for construction, cleaning, security or traffic management work have been required to meet workplace standards in the Secure …
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Late unfair dismissal applications
As most people are aware, unfair dismissal applications must be lodged within 21 days of termination. In limited circumstances, the Fair Work Commission can allow a further period if it is satisfied there are exceptional circumstances taking into account: the reason for the delay; action taken by the person to the dispute; prejudice to the …
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