New Workplace Laws: The impact for employers and employees
It’s as certain as death and taxes when the federal government changes we get new workplace laws. And so, it was perhaps no surprise that shortly after coming to power…
When businesses sell – what happens to the employees?
Selling or purchasing a business may be an exciting milestone for a business owner, however it can be an overwhelming period of time not just for the business owner but…
10 Days Paid Family and Domestic Violence Leave on the Horizon
In a recent report, the Fair Work Commission has recommended the inclusion of 10 days of paid family and domestic violence (FDV) leave in 123 different awards. This has the…
The Full Bench of the Fair Work Commission has found that the Road Transport and Distribution Award 2020 (the Road Transport Award), which covers short distance truck drivers, also covers…
The changes made to the Fair Work Act on 26 March 2021 gave most casual employees the right to have their employment converted from casual to permanent full time or…
A Modern Award is a document that sets out the minimum terms and conditions of employment in a particular industry, including minimum wages. On 3 November 2021, the Full Bench…
Update on Legal Developments on Workplace Vaccination
Both employers and employees have work health and safety obligations when it comes to a safe working environment and the health and safety of employees. It is unlikely that a…
The COVID-19 pandemic has had a significant impact on employment and workplace conditions. Now with the COVID-19 vaccination becoming more available, there is an increase in employers seeking to require…
Does an employer have the right to relocate its employees, and what does a reasonable relocation look like? This question would need to be answered on a case-by-case basis, however,…
Mandatory COVID Vaccinations – Employers Can Try But No Supply
At the start of the vaccination rollout, resentment and hostility abounded in the public comment pages of news sources at the mention of the possibility of employers making a covid…
Domestic and Family Violence Prevention Month is held each year during the month of May to raise awareness about domestic and family violence. Domestic violence is a significant issue in…
FWC finds casual work can be ‘regular and systematic’ for determining length of service
A recent case before the Fair Work Commission (Greene v Floreat Hotel Pty Ltd FWCFB 6019) discussed how an employee can still be a ‘regular casual’ with ‘irregular hours’. This…
Social Media and Your Employment: How to Avoid Disciplinary Action – Part 2
In part 2 of this article we provide four more tips to help you navigate your social media use, whether it’s Facebook, Instagram, Snapchat, Twitter, LinkedIn or TikTok, without getting…
Social Media and Your Employment: How to Avoid Disciplinary Action – Part 1
We live in a world where our main form of communication is through social media, whether it be through Facebook, Instagram, Snapchat, Twitter, LinkedIn and more recently TikTok. Unfortunately, what…
Changes to JobKeeper: What do Employees Need to Know?
On 28 September 2020, a number of changes to the JobKeeper scheme came into effect. JobKeeper is a wage supplement that is paid by the Federal Government directly to employers…
Personal Wellbeing at Work & Working from Home During a Pandemic
There is no denying that the COVID-19 pandemic has demanded a more flexible side from all of us. For most employees, this has meant not only a physical change in…
Physical Safety at Work & Working From Home During a Pandemic
Work is a huge part of every person’s life. Since early 2020, thousands of employees have been affected by the COVID-19 pandemic. There has been a lot of adaptation, and…
Not Considering Jobkeeper Meant Redundancy Was Not Genuine
A recent decision of the Fair Work Commission (the Comimssion) has noted an employer’s lack of consideration for accessing the Jobkeeper scheme a contributor to the unfair dismissal of their…
The Fair Work Commission made a decision on Monday, 27 July 2020 allowing paid ‘pandemic leave’ to staff working in residential aged care. The decision came into effect on Wednesday,…
Workplace Consultation–is it Required? Redundancy and Stand Down
When is an employer obligated to consult? The obligation for an employer to consult with its employees about major workplace change and/or changes to rosters or hours of work, are…
A recent decision of the Federal Court has blurred the lines between permanent and casual employment with a casual worker being found to be eligible for entitlements usually reserved for…
Have you got some questions about the JobKeeper payment? If asking your employer about it, pay attention to how they react… Can you be fired for asking your employer about…
Jeremy Lee v Superior Wood: A decision on collecting sensitive information from employees
This article concerns a fascinating development in Australian employment law around the collection of sensitive information from employees following the decisions of the Fair Work Commission in Jeremy Lee v…
Are there rules for languages spoken at Australian workplaces?
Bonjour, Bongiorno, Guten Tag, Ni Hao, Konnichiwa, Hola, Hello. You may have understood and/or recognised one or more of those greetings in a number of languages, but if the conversation…
Can My Employer Direct Me to Attend an Independent Medical Examination (IME)?
Has your employer directed you to attend a medical examination by a doctor of their choice? You may be questioning whether your employer has the right to require you to…
Conflicting medical evidence: Who makes the final call?
Recently, the Full Bench of the Fair Work Commission (‘Full Bench’) in CSL Limited T/A CSL Behring v Chris Papaioannou was asked to determine whether an employer or the Fair…
Are you a long-term casual employee? Do you know you probably have the right to request that your employment be converted to a part-time or full-time basis? In July 2017,…
Sexual harassment is sexual behavior that is unwanted or unwelcome. The tests for determining what amounts to sexual harassment under the relevant Australian legislation are slightly different, however, broadly sexual…
Heavy fines for franchisee’s record keeping breaches
A former Franchisee operator and the company’s owner have been handed down large penalties for a number of record keeping breaches after a Fair Work Ombudsman investigation. Background In Fair…
Your office Christmas Party is fast approaching, do you know the dos and don’ts? The annual office Christmas party can be a fun night of frivolity, however, too much frivolity…
Have you been unfairly dismissed but you're above the high-income threshold A recent Fair Work Commission case found that an employee was still entitled to make an unfair dismissal claim…
Family and Domestic Violence Leave to be Recognised in Modern Awards
Family and Domestic Violence Leave to be Recognition in Modern Awards Domestic violence is a significant issue in Australia that effects many individuals and has a real impact on employees…
Know Your Rights with Overtime Work Your employer has asked you to stay back to work a few more additional hours this week - can they do this? Your employer…
Sexual Harassment – Your Legal Rights and Obligations
What are your rights and obligations are under the law? Sexual harassment is against the law. This blog discusses sexual harassment in the workplace and what your rights and responsibilities…
What sexual harassment is – including the verbal, visual, and physical conduct that could be considered harassment Sexual harassment is the topic that has been making global headlines lately. Scandal…
Are you a Trainee or Apprentice? Do you Know What you Should be Paid?
Knowing How Much You Should Be Paid If you are a trainee or apprentice you ought to check that your employer is paying you the correct rate of pay. If…
Understanding your Rights to Annual Leave Most modern awards now contain additional annual leave provisions that include the ability to: cash out annual leave; take annual leave in advance; manage…
Your boss has just fired you - was the reason for your employment being terminated by your employer fair? An employer cannot dismiss an employee without a valid reason. The…
Persons Protected from Unfair Dismissal If you are an employee, you are protected from unfair dismissal if: your employer is an employer who is covered by the Fair Work Act;…
Unfair Dismissal Compensation The Fair Work Commission is the workplace relations tribunal that will consider your application for unfair dismissal. There are a number of remedies available to you if…
Am I being paid enough? What is my right rate of pay?
Am I getting the right amount of pay? You would think this is a simple question, but it’s not. There is no doubt that today’s workplace laws are complicated. So…
How and When to Manage Your Employer Managing employees is a topic that is regularly discussed and debated by employers, lawyers and academics. When you look for information about workplace…
Don’t Suffer in Silence! You CAN Ask Questions about your Entitlements
Enquiring of your Entitlements The Fair Work Act provides that an employee is entitled to make a complaint or enquiry about their employment. It also provides that an employee should…
A mine worker was recently successful in receiving $28,000 in unfair dismissal compensation. There were a few other circumstances but the core of the reason or his dismissal related to…
Proactively Dealing with Change “You must welcome change as the rule, but not as your ruler” (Denis Waitley) Change is constant and at many times during our working lives, we…
Getting Paid the Right Amount Being paid the right amount for hard work is an employee’s absolute right. Incorrect or unpaid wages can seriously impact the working relationship between employee…
Somewhat disappointingly, a study has found that more than one in five persons are bullied at work. Further, one in three people are affected by workplace bullying. What is bullying?…
I have heard it said by professional advisors that ‘managing employees’ is akin to ‘supervising children’. As a general employer attitude, this is obviously wrong on many fronts. Wrong, because…
Whatever happens, it’s the consequences of the dismissal from work that causes me the most concern. In my experience, rarely is any thought given (by either side of the equation)…