Posts by HLS LEGAL
“Not so casual”: What do the amendments to the Fair Work Act mean for casual employment?
Not So Casual by Kara Main The Federal Parliament recently passed the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2021 (the Bill) which amended the Fair Work Act 2009 (Cth) (the FW Act). The amendments took effect on 27 March 2021. Definition of a casual employee The Bill introduces a definition for…
Read MoreA Whistle in the Trees: New Whistleblower Protections in the Works
By Amber Roncoroni Since the Panama Papers, the Bahamas Leaks and the Paradise Papers were released in 2016 and 2017 the Australian Government has moved to improve the integrity of Australia’s tax system. As part of this movement, the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 was introduced to Parliament by the Coalition on…
Read MoreA Duck called Goose is still a Duck – the meaning of “casual employees” in the Fair Work Act 2009 and employees covered by enterprise agreements
On 16 August 2018, the Full Federal Court (the Full Court) conclusively found that the term “casual employees” in s 86 of the Fair Work Act 2009 (Cth) (FW Act) has an acquired (that is, a traditional) legal meaning in general law. The Full Federal Court held that employees will not be “casual employees” merely…
Read MoreDirector’s Liability When Death Occurs: How Protected Are You?
Introduction Benjamin Franklin once said that there are two things in life that are certain: death and taxes. While the latter is not something we can or should be evading in a corporate setting, the former definitely is. However, it remains possible for fatal accidents to occur in the workplace. After the mourning and…
Read MorePENALTIES FOR BREACH OF WORKPLACE LAWS INCREASE TENFOLD
From 15 September 2017, the new Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Amendment Act) took effect to amend the Fair Work Act 2009 (FW Act). The Amendment Act was introduced to better deter unlawful practices such as those that involve the deliberate and systematic exploitation of vulnerable workers, such as migrant workers.[1] The…
Read MoreARM’S LENGTH NO MORE: Holding company may be responsible for a subsidiary’s breach of workplace law
From 15 September 2017, the new Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Amendment Act) took effect to amend the Fair Work Act 2009 (FW Act). It is now possible for holding companies to be held responsible in certain circumstances, for the conduct of its subsidiaries where the subsidiaries fail to follow the FW…
Read MoreSexual Harassment: A Director’s Liability
Liability of Directors’ for sexual harassment committed by one employee against another What can happen if sexual harassment allegations are made in your organisation and how does this affect your liability as a director? The Law It is possible for a claimant who alleges he/she was harassed by another employee to bring an alleged claim…
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