After much debate in the Senate, the Federal Government’s Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (‘the Bill’) passed through Parliament in a significantly reduced form on 18 March 2021. While the Federal Government’s more broader reforms were rejected, the casual employment provisions survived. The Bill was assented to on 26 […]
This month we look at a recent unfair dismissal decision of the Fair Work Commission. Deputy President Sams, in determining that the employee’s termination was not harsh, unjust or unfair, was highly critical of the self-represented applicant who had been dismissed by her employer for a loss of “trust and confidence in her ability to […]
In this Employment Update we consider the National guidance material on Preventing Workplace Sexual Harassment (‘the Guide’) recently released by Safe Work Australia. We will also reflect on the Australian Human Rights Commission’s (‘AHRC’) most recent survey on sexual harassment in Australia, Everyone’s business: Fourth national survey on sexual harassment in Australian workplaces (the 2018 […]
Specialist Employment Law Firm, Aitken Legal celebrates its 15th year of operating on the Sunshine Coast this month, at the same time as it expands to open its third office located in Melbourne. The last 15 years have seen the firm grow from a small home office in Founder Lisa Aitken’s house, to a strong […]
In this Employment Update we consider recent significant decisions affecting casual employment, the impact of COVID-19, and the named focus areas for IR Reform in Australia. Risks Associated with Casual Employment Last year the Full Federal Court decision of WorkPac Pty Ltd v Rossato (“Rossato decision”) caused panic amongst employers of casual employees, with the […]
The Full Bench of the Fair Work Commission in June 2020 made a decision to increase the National Minimum Wage by 1.75%, and for the same increase to be applied to the minimum rates in each Modern Award. The increase to Award wages were split into three groups with different operative dates: Group 1 – 1 […]
The FWC’s 4-yearly review of Modern Awards has been lengthy and comprehensive requiring awards to be split into various groups (tranches). Generally, most of the Tranche 1, 2 and 3 awards came into operation on various dates between 4 February and 26 December 2020. A complete list of operative dates for Modern Awards already finalised […]
This year has seen a significant number of award changes as the Fair Work Commission (‘FWC’) draws near completion of its 4-yearly review. Award changes have also resulted from the insertion of various schedules into awards to deal with the COVID-19 pandemic. Award Flexibility Schedules On 8 April 2020 the Full Bench of the FWC […]
The JobKeeper scheme commenced on 30 March 2020 and has been extended until 28 March 2021. The scheme was extended in September by two extension periods for eligible entities meeting the relevant reduction in turnover requirement. The required decline in turnover percentage to satisfy the turnover requirement is: 30% if your turnover is $1 billion […]
The Fair Work Commission (‘the Commission’) as part of its 4-yearly review of modern awards has clarified “overtime for casuals” in 97 awards. The need for clarification was initiated by a Statement issued by the Full Bench (as then constituted) on 4 December 2017. This Statement included a table identifying modern awards which were considered […]