In a defining industrial law matter, the High Court of Australia has quashed arguments that personal leave is calculated based upon the number of hours a worker does per day when accruing leave under the National Employment Standard & Fair Work Act 2009. The determination by the High Court is a significant and positive decision … Read more High Court Decides Historic Personal Leave Case by Clarifying the Accrual Procedure
Amendments to the Work Health and Safety Act 2011 (NSW) which had been before Parliament since November 2019 were finally passed by the State Legislative Council on 4 June 2020 and commenced operation on 10 June 2020. As was anticipated in our earlier article, the new laws contain significant amendments to the current Act with … Read more NSW Health and Safety Act Amendments Passed
In a first for WHS prosecutions, on 11 June 2020, The District Court of Queensland handed down a judgement which became the first recorded conviction and sentencing under industrial manslaughter legislation in Australia. The Case Brisbane Auto Recycling Pty Limited was convicted and fined a record $3 million after pleading guilty to causing the death … Read more Industrial Manslaughter – First Conviction Recorded in Australia
If you missed our recent ‘Hard Choices’ Webinar please find a link to the presentation below. The Webinar provides a summary and analysis of the JobKeeper program with clear and succinct guidance on what this legislation means for businesses and how the program will operate. How can we help? Our expert Employment Law team can … Read more ‘The Hard Choices’ Webinar – 14 April 2020
On 8 April 2020, the Federal Government passed the Coronavirus Economic Response Package 2020 which authorised the introduction of the widely publicised “JobKeeper payment” for eligible employees. The JobKeeper payment is a wage supplement of $1,500.00 per fortnight (subject to PAYG tax) that is being introduced by the Federal Government to eligible businesses for eligible … Read more The JobKeeper Payment Explained
Recently proposed safety legislation in NSW indicates that industrial manslaughter is simply a bridge too far for our state Government. The introduction and passing by the Legislative Assembly of the Work Health and Safety Amendment (Review) Bill 2020 clearly indicates that we have baulked at this level of regulation in our state. This is despite … Read more Industrial Manslaughter – A Bridge Too Far For New South Wales
Recent high profile investigations, significant media coverage and union/ACTU campaigns on what has been labelled as “wage theft” and a business “orgy of greed” have certainly highlighted for Australian employers their ongoing need to comply with the Fair Work Act, National Employment Standard and industry modern awards, but is the problem as large as proponents say? Unions argue that recalcitrant … Read more Wage Theft- ‘Orgy of Greed’ or Mass Hysteria?
Since 1 October 2018, most casual employees have been entitled to request their employment status be converted to full time or part time status where certain requirements are met and an employer cannot refuse the request unless it has reasonable grounds to do so. With over 84 Modern Awards being amended from 1 October 2018 … Read more When are Casual Employees Entitled to Become Full Time Employees?