Articles
The End of JobKeeper = Challenges for Employers – Part 1
Since March 2020 employers have faced mounting challenges as a result of the COVID-19 pandemic. As JobKeeper 2.0 has now come to an end (28 March 2021) we thought it timely to address some questions that may arise for employers. The initial JobKeeper scheme certainly...
When can a resignation be considered a dismissal?
The Fair Work Commission has recently determined a number of cases on the question of constructive dismissal. In each of these cases the employee claimed that whilst they resigned from their employment, their resignations were not voluntary in the true sense, and...
Sexual Harassment Positive Duty
The issue of sexual harassment has become increasingly topical. The critical question that is often asked – why is more not being done to prevent sexual harassment? In November 2022, the Federal Government passed legislation imposing a ‘Positive Duty’ on all...
Employee’s Right to Disconnect
Today (8 February 2024), the Fair Work Legislation Amendment (Closing Loopholes No.2) Bill 2023 (the Bill) was passed in the Senate. The Bill amends the Fair Work Act 2009 (Cth) (the FW Act). Following debate in the Senate on 7 February 2024, the Greens introduced an...
Changes to Fixed and Maximum Term Contract Laws
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 passed on 6 December 2022 (Amendment Act) which overhauled workplace and industrial relations laws in Australia. One of the final components of the Amendment Act introduces limitations on the use...
Cheers and Fears – Planning your end of year function
It’s getting to that time of year again when employers hold their annual end of year event. Generally at these events staff get together to eat drink and have a good time. Remember, the traditional employer organised end of year function is a work event. All of us...
‘Requesting’ Employees to Work Public Holidays
On 28 March 2023, the Full Federal Court delivered a decision in Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC 51 (the Full Federal Court Decision) which had significant impacts for all employers who operate on public...
Corresponding with employees who have made bullying allegations
In July 2023, Commissioner Hunt of the Fair Work Commission handed down her written reasons in the matter of Application by Lindsay Rosenblum [2023] FWC 1640. Commissioner Hunt’s decision granted Ms Rosenblum interim orders preventing the Employer from taking any...
Case in Focus: Murtagh v Corporation of the Roman Catholic Diocese of Toowoomba [2023] FCAFC 172
On Tuesday 30 October 2023, the Full Bench of the Federal Court of Australia handed down a decision which may have consequences for employers who have negotiated enterprise agreements, requiring back payment. The Facts Mr Murtagh was employed by the Roman Catholic...
Myth: If I have a written employment contract with an employee, I don’t need to worry about the award, it doesn’t apply.
Myth: If I have a written employment contract with an employee, I don’t need to worry about the award, it doesn’t apply. Busted: This is not orrect – if an award applies to a role, it’s the industrial instrument for that role. An award sets out the minimum terms and...
Changes to Flexible Working Arrangement Provisions in the Fair Work Act 2009
Amendments to requests for flexible working arrangements took effect on 6 June 2023 as part of the suite of changes introduced by the Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2032 (Cth). In summary, those changes include the broadening of the...
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