The process for employees to convert from casual employment to part or full time employment is changing. What avenue applies depends on your business and when the casual employee was employed: Unlike the previous system, the ‘Employee Choice Pathway’ (“ECP”) does not require the employer to offer the conversion. Instead, employees have the right to […]
We have prepared a summary of the most significant changes arising from the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (‘Closing Loopholes No. 2 Act’), which was passed by the Federal Parliament on 12 February 2024 and received royal assent on 26 February 2024.The Closing Loopholes No. 2 Act amends the Fair […]
The Fair Work Commission has recently handed down a landmark decision which sheds some light on how flexible working arrangement disputes will be dealt with in the Fair Work Commission. The decision follows changes to the Fair Work Act 2009 (‘Act’) in June 2023. The changes to the Act gave the Fair Work Commission the […]
The first part of the now ‘split’ Closing the Loopholes Bill has now passed through Parliament. In summary, employers should be aware that this new legislation contains provisions that are designed to: Prevent companies underpaying workers through the use of labour hire arrangements; Criminalise deliberate wage theft; Strengthen discrimination protections for workers experiencing family and […]
This Employment Update examines a recent and significant decision involving a wage theft class action in the Federal Court, which was brought by a group of employees seeking payment for overtime they worked “regularly and extensively” without formal authorisation from their employer. While the decision dealt with an interpretation of the text of the employer’s […]
This Employment Update examines the High Court’s recent decision to uphold an employer’s appeal against a decision where $432,000 in damages was awarded to an employee who suffered a psychological injury after a co-worker urinated on his face while he was sleeping. This decision provides much needed clarity for employers on the issue of vicarious […]
Last month, the Fair Work Commission announced a 5.75% increase to the minimum rates in the modern awards, which takes effect from the first full pay period after 1 July 2023. For those employees who are not covered by a modern award or enterprise agreement, and are paid the National Minimum Wage, they will receive […]
In a decision handed down last week, the Full Court of the Federal Court has found that BHP’s labour hire company contravened section 114 of the Fair Work Act 2009 (Cth) and the National Employment Standards (‘NES’) by requiring a group of employees to work on public holidays. The decision represents a significant departure from […]
The Victorian Supreme Court has recently found that Vision Australia’s dismissal of a consultant for alleged repeated aggressive behaviour was a “sham and a disgrace” and contributed directly to the employee’s “very serious” psychiatric injury. The employee previously made an unfair dismissal application, which was settled with the employer five years prior to bringing this […]
From 1 May 2023, a significant number of employers in Australia will lose a current right, contained in many modern awards, to direct employees to take unpaid leave during shutdown periods when the employee has no accrued annual leave. The majority of employers have a shutdown period at least once a year, sometimes due to […]