Updates & Events - Aitken Legal

September 18, 2020

ALERT!
One more week until JobKeeper 2.0 takes effect – are you ready?

The current JobKeeper Payment of $1,500 per fortnight will cease on 27 September 2020 and from 28 September 2020, for those eligible employees and employers, the JobKeeper Payment will be reduced in two stages, and will move to a ‘two-tiered system’. The first reduction will take effect from 28 September 2020, and the second reduction […]

August 28, 2020

EMPLOYMENT UPDATE
Failed consultation renders redundancy termination unfair; Loss of Jobkeeper factored into compensation

COVID-19, Restructuring, Unfair Dismissal

This month we look at a very topical case involving an employer who terminated an employee for redundancy reasons as a result of COVID-19 impacts to the business, and failed in its defence of the subsequent unfair dismissal claim. On 18 March 2020, the employer, a business advisory and accounting business, met with its employees […]

August 19, 2020

ALERT!
High Court – Mondelez decision clarifies the construction of personal carer’s leave for employers

Awards and Employee Entitlements

On 13 August 2020, a High Court majority overturned the Full Federal Court’s judgment in the well-publicised decision of Mondelez v AMWU. Last year’s judgement of the majority of the Full Federal Court confirmed that personal/carer’s leave was to be accrued and taken by reference to “days”. The result of this decision was that two […]

Changes to JobKeeper Payment & Coronavirus supplement for JobSeeker (1)

August 10, 2020

ALERT!
Easing of JobKeeper Wage Subsidy Program

Awards and Employee Entitlements, COVID-19

Treasurer Josh Frydenberg announced on Friday 7 August 2020 that the easing of what had been advised, changed eligibility thresholds for businesses and employees to qualify for the JobKeeper wage subsidy program. The Treasurer’s announcement comes as the significant second wave of COVID-19 in Victoria shuts down major parts of Victoria’s economy. The Government has […]

August 6, 2020

ALERT!
Temporary Award Flexibility Schedule Inserted into the Real Estate Award

Awards and Employee Entitlements, COVID-19

The Full Bench of the Fair Work Commission has varied the Real Estate Award in response to the COVID-19 pandemic by adding a new Schedule I to apply from an employee’s first full pay period commencing on or after 6 August 2020. The Schedule applies to employees who were employed as a commission-only salesperson as […]

July 30, 2020

ALERT!
FWC extends unpaid pandemic leave and annual leave at half pay

Awards and Employee Entitlements, COVID-19

The Fair Work Commission has extended the entitlement to unpaid pandemic leave and annual leave at half pay until 30 September 2020 in the: Fast Food Award Hair and Beauty Award Retail Award Storage Services Award. This means that Schedule X (which provides these entitlements) which was due to expire on 31 July 2020 will […]

July 29, 2020

ALERT!
Aged Care Employees to receive paid pandemic leave

Awards and Employee Entitlements, COVID-19

The Fair Work Commission has revisited its previous decision not to grant paid pandemic leave for health services awards due to ‘recent developments in the progress of the COVID-19 pandemic, particularly in Victoria’. The Commission has now decided there is justification for at least three health services awards to be varied, by inserting a Schedule […]

July 21, 2020

ALERT!
Changes to JobKeeper and JobSeeker

Awards and Employee Entitlements, COVID-19

JobKeeper to be extended by six months – changes apply The JobKeeper Payment is currently due to finish on 27 September 2020, however the Federal Government has announced today the subsidy scheme will remain available for eligible businesses (including the self-employed) and not-for profits until 28 March 2021. The JobKeeper Payment will become two-tiered and […]

July 16, 2020

ALERT!
Queensland’s first Industrial Manslaughter Case – Directors narrowly escape jail

Workplace Health & Safety

The District Court of Queensland has recently handed down its first conviction for an offence under the industrial manslaughter provisions introduced in the Work Health and Safety Act 2011 (Qld) (“the Act”) in October 2017. Brisbane Auto Recycling Pty Ltd and its two directors, Asadullah Hussaini and Mohammad Ali Jan Karimi were charged with the […]

July 7, 2020

ALERT!
Changes to awards in the building and construction industry to take effect from 1 July 2020

Awards and Employee Entitlements

The Fair Work Commission as part of its 4-yearly review of modern awards has recently made substantive changes to three awards in the building and construction industry. The changes to the Awards came into effect from the first full pay period commencing on or after 1 July 2020. Building and Construction General On-site Award Clause […]

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