As has been widely reported, the Morrison Government is set to introduce its IR reform Bill later this week. The IR Minister (Christian Porter MP) has announced that to combat underpayments, the Government’s Bill will introduce a criminal offence of wage theft. The offence: will apply […]
On 1 December 2020, we advised that the High Court had granted special leave for the employer to appeal the Full Federal Court’s decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84, which has resulted in uncertainty for employers who may be exposed to claims […]
On 18 June 2020, we reported that WorkPac had sought special leave to appeal the Full Federal Court’s decision to uphold WorkPac Pty Ltd v Skene [2018] FCAFC 131 (Skene) in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato). The Full Federal Court’s decision has resulted in uncertainty […]
As foreshadowed by our 26 August 2020 legal alert, the Government’s amendments to the JobKeeper Scheme have passed both Houses of Parliament, meaning the Scheme will be extended from 27 September 2020 until 28 March 2021. Under the Coronavirus Economic Response Package (JobKeeper Payments) Amendment Bill 2020 (Bill), employers […]
The Government’s JobKeeper 2.0 legislation (Coronavirus Economic Response Package (JobKeeper Payments) Amendment Bill 2020) is expected to be introduced to the House of Representatives today, after the Federal Labor caucus agreed that it would support the legislation. The new legislation (“JobKeeper 2.0”) extends the flexibility measures […]
A High Court majority has overturned the Full Federal Court’s finding in Mondelez v AMWU that the 10 days of personal/carer’s leave (‘sick leave’) per year in the National Employment Standards (NES) must reflect an employee’s ordinary hours of work. The High Court rejected the Union’s […]
The Fair Work Commission (FWC) has confirmed a strict interpretation of the concept of ‘stoppage of work’ under s 524 of the Fair Work Act 2009 (Act), which provides: An employer may, under this subsection, stand down an employee during a period in which the employee cannot be […]
On 22 August 2019, EMA Legal advised (http://www.emalegal.com.au/2019/08/22/legal-alert-full-federal-court-rules-on-sick-leave-test-case/) that the Full Federal Court had found in Mondelez v AMWU that the 10 days of personal/carer’s leave (‘sick leave’) per year in the National Employment Standards (NES) in the Fair Work Act 2009 (Cth) must reflect an […]
Despite rejecting applications to vary modern awards to include paid pandemic leave for employees affected by COVID-19 earlier this year, on 27 July 2020, the Full Bench of the Fair Work Commission (Commission) determined to amend certain modern awards to provide paid pandemic leave. The following […]
Amendments to the South Australian Labour Hire Licensing Act 2017 (Act) came into effect on 20 July 2020. The Labour Hire Licensing Scheme previously applied to all industries, however the recent amendments narrow the licensing scheme’s previous scope to high risk industries, where workers are vulnerable to exploitation. […]
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