General
“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 MoreEnd of “days”: Mondelez succeeds on the accrual, deduction and payment of personal leave under the Fair Work Act 2009
By Amber Roncoroni The High Court has closed the book on the contentious issue of the proper approach to the accrual, deduction and payment of personal leave under the Fair Work Act 2009 (Cth) (the Act). In the decision handed down on 13 August 2020,[1] the majority of the High Court held that: the “10…
Read MoreAnother hit for WorkPac’s casual arrangements: WorkPac Pty Ltd v Rossato [2020] FCAFC 84
By Amber Roncoroni A decision of a Full Court of the Federal Court confirms casual employment can be characterised by the absence of a firm commitment to the duration of employment and the days and hours the employee will work and that double dipping may follow. WorkPac has failed to obtain the Federal Court’s approval…
Read MoreAlleged underpayment of entitlements and non-payment of shiftworker annual leave – a win for Halliburton
How all becomes clear and simple By Amber Roncoroni HLS Legal represented Halliburton Australia (Halliburton) in its recent win in the Federal Circuit Court in a decision regarding key provisions of the Fair Work Act 2009 (Cth) (the Act) and the Long Service Leave Act 1958 (WA) (the Long Service Leave Act). The decision is…
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 MoreEmployee vs. Contractor – the debate continues on
HLS Legal By Megan Flower Solicitor The last few years has seen a rise in the ‘gig economy’. Examples include: ride-sharing services like Lyft and Uber; food delivery services like Deliveroo, Uber Eats and Foodora; and odd job task services like Airtasker. These types of companies often operate on the premise that their workers are…
Read MoreWe’ve come a long, long way together – 10 years of the Fair Work Act 2009
HLS Legal By Amber Roncoroni Senior Associate As July quickly approaches, so does the 10 year anniversary of the commencement of key parts of the Fair Work Act 2009 (Cth) (the Fair Work Act) including the unfair dismissal and general protections provisions of the Fair Work Act. In this article we reflect on the Fair…
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 MoreHandy Tips to Interpreting a Modern Award that Applies to Your Business
For most employers, it is likely that a Modern Award will apply to some or all of your employees at any given time. This is in the absence of an enterprise agreement having coverage and application. Modern Awards can be complex. As a result, interpreting a Modern Award can often be a difficult task. Some…
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…
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