Question: I have employed several employees on a casual basis for more than 12 months. I’ve heard that as of 1 October 2018, Award-covered casual employees are entitled to request conversion to part-time or full-time employment. What does this mean for me and what are my legal obligations? Answer: On 1 October 2018, all Awards […]
As part of its 4-yearly review, the Fair Work Commission has made changes to a number of modern awards. The changes are in relation to payment of wages on termination of employment as well as plain language re-drafting of several standard clauses. The changes take effect from the start of the first full pay period […]
This month we look at the new international OHS standard published by Standards Australia. We also discuss the current ‘casual leave’ issue that is set to be considered again by the Federal Court, with a number of parties intervening in a new case brought by Workpac. New OHS standard published The world’s first international OHS […]
This month we look at a recent Full Federal Court decision which found that an employee engaged as a casual and paid a casual loading was in fact a permanent employee and entitled to paid annual leave. The employee was placed at a mine-site through a labour hire company – the employer (WorkPac). The employer […]
The Fair Work Commission has made changes to some penalty rates in the General Retail Industry Award. In short, the Commission has increased weekday evening (Monday to Friday after 6pm) and Saturday penalty rates for casuals and has decreased Sunday shiftwork penalty rates for both casuals and permanent employees. The changes will be phased in […]
The Federal Circuit Court has ordered a company and its Director to pay over $570,000 in penalties and underpayments. Facts: A company has been found to have underpaid 23 employees over a period of eighteen months. Evidence was produced showing that the company decisively sought out young and vulnerable employees. Some of these employees were […]
Proposed changes to modern awards in relation to casual and part-time employment are expected to come into operation on 1 October 2018. The proposed changes are in draft form with the Fair Work Commission currently considering submissions before finalising the changes. The main change is the insertion of a casual conversion clause into the remaining […]
This month we look at the new family and domestic violence leave entitlements and some recent unfair dismissal cases which highlight that a valid reason for dismissal is not enough. New family and domestic violence leave entitlement Modern award covered employees can now take 5 days’ unpaid family and domestic violence leave each year. The […]
This month we examine a case which considered the definition of bullying and also commented on what constitutes reasonable performance management. We also briefly look at a case where an employer dismissed an employee by email. What constitutes bullying under the Fair Work Act 2009 The Fair Work Commission recently dismissed an anti-bullying order sought […]
This month we look at two recent decisions in the employment law space. The first decision relates to an employer’s decision to terminate an employee for breaching a cardinal safety rule. The second decision relates to the reprehensible conduct of an employer who failed to pass on an employee’s paid parental leave entitlement. Use of […]
