Doyle’s Guide
EMA Legal are again recognised as 'First Tier' Leading Employment Law Firm (Employer Representation) South Australia for 2024 in the Doyle's Guide to the Australian Legal Profession. Having received the recognition as 'First Tier' for 15 consecutive years, this accolade is a reflection of the depth of our specialist knowledge, strategic and practical approach to problem
Penalties for wage theft
A recent decision of the Federal Court is a reminder that employers will face serious consequences for underpaying their employees, especially if they are found to have committed a serious contravention(s) of the Act. In Fair Work Ombudsman v Commonwealth Bank of Australia [2024] FCA 81, the Federal Court fined the Commonwealth Bank of Australia (CBA) and its
Our new world of work: the right to disconnect
As employers continue to grapple with significant but piecemeal amendments to the Fair Work Act 2009 (Cth) (Act), further changes were passed by Parliament yesterday. This article considers the broadest and arguably most controversial of the changes – the right for employees to disconnect from work. In time, every modern award will include a ‘right to disconnect term’.
Closing Loopholes Act – regulated labour hire arrangements jurisdiction
On 14 December 2023, the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Closing Loopholes Act) received Royal Assent. This Alert is the first of a series, which reviews and summarises the changes beginning with that concerning regulated labour hire arrangements. From when and what are the changes? From 15 December 2023, the Fair Work Commission (Commission) has
Proposed Portable Long Service Leave Scheme for the Community Services Sector
The South Australian Government has released the Portable Long Service Leave Bill 2024 for consultation. The intention expressed by the Government is to legislate to ensure that relevant employers contribute long service leave payments to a portable industry fund in respect of designated workers. The Bill, if passed, will establish a scheme for the portability of long service
Industrial manslaughter to be criminalised in South Australia
The South Australian Parliament has passed the Work Health and Safety (Industrial Manslaughter) Amendment Bill 2023 (Bill). The Bill will amend the Work, Health and Safety Act 2012 (SA) (WHS Act) to criminalise industrial manslaughter in South Australia. Under the new laws, a person (being a person conducting a business or undertaking (PCBU) or an officer of a PCBU) commits
