GL Insights
Consultation requirement in the redundancy process
Prior consultation of employees is one of the requirements for a redundancy to be genuine under section 389 of the Fair Work Act 2009 (Cth) (Fair Work Act). This section requires, among other things, employers to comply with any consultation obligation found in a Modern Award or Enterprise Agreement. Who do employers need to consult? …
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Changes to the Miscellaneous Award
The Fair Work Commission have made changes, in effect from 1 July 2020, to the Miscellaneous Award 2020 to cover a broader range of workers, including many that previously would not have been covered by any Modern Award. In making this decision, the Fair Work Commission re-emphasised the importance of employers carefully considering award coverage …
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What information can you request from your employees in relation to COVID-19?
In a recent case Kieran Knight v One Key Resources (Mining) Pty Ltd T/A One Key Resources [2020] FWC 3324 (29 June 2020) (Knight Case), the Fair Work Commission (Commission) found that it is lawful for an employer to requesting certain information from employees to determine any workplace risk created by COVID-19. This may seem …
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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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Director Identification Numbers Bill has passed
All company directors will soon be required to apply to ASIC to obtain their own unique Director Identification Number (DIN). The Treasury Laws Amendment (Registries Modernisation and Other Measures) Bill (the Amendment), part of the Government’s legislative package to introduce the Commonwealth Registers Act, has now passed both houses of parliament. Pending royal assent, it …
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Informal Wills
The recent case of In the Estate of Jansen [2020] ACTSC 130 (26 May 2020) underscores the importance of obtaining legal advice in relation to the proper execution of Wills. In this case, a document in the conventional form of a Will did not meet the formal requirements of the Wills Act 1968 (ACT) (Wills …
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Australians beware: ACCC reports rise in COVID-19 related scams
The Australian Competition & Consumer Commission (ACCC) has recorded an alarming rise in scams and phishing activity since the outbreak of COVID-19. It seems scammers are taking advantage of the situation by trying to trick individuals into handing over money or personal information in support of crisis efforts. How do I know it’s a scam? …
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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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