The recent Fair Work Commission case of Glover v Ozcare [2021] FWC 231 serves as an important reminder to employers that it is their actions – and not always their intent – which determine whether an employee has been dismissed, after it was found that an aged-care worker was unfairly...
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The Fair Work Commission (FWC) has published an online Modern Award Pay Database to help clarify each modern award’s minimum rates of pay. The database, which is comprised of 5 spread sheets (awards, classifications, wage-related allowances, expense-related allowances and penalty rates), currently contains data from 1 July 2015 to 18...
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As has been widely reported, the Morrison Government is set to introduce its IR reform Bill later this week. The IR Minister (Christian Porter MP) has announced that to combat underpayments, the Government’s Bill will introduce a criminal offence of wage theft. The offence: will apply to national system employers...
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On 1 December 2020, we advised that the High Court had granted special leave for the employer to appeal the Full Federal Court’s decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84, which has resulted in uncertainty for employers who may be exposed to claims for paid leave from...
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On 18 June 2020, we reported that WorkPac had sought special leave to appeal the Full Federal Court’s decision to uphold WorkPac Pty Ltd v Skene [2018] FCAFC 131 (Skene) in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato). The Full Federal Court’s decision has resulted in uncertainty for employers who may...
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As foreshadowed by our 26 August 2020 legal alert, the Government’s amendments to the JobKeeper Scheme have passed both Houses of Parliament, meaning the Scheme will be extended from 27 September 2020 until 28 March 2021. Under the Coronavirus Economic Response Package (JobKeeper Payments) Amendment Bill 2020 (Bill), employers who previously had access...
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The Government’s JobKeeper 2.0 legislation (Coronavirus Economic Response Package (JobKeeper Payments) Amendment Bill 2020) is expected to be introduced to the House of Representatives today, after the Federal Labor caucus agreed that it would support the legislation. The new legislation (“JobKeeper 2.0”) extends the flexibility measures provided by the original...
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A High Court majority has overturned the Full Federal Court’s finding in Mondelez v AMWU that the 10 days of personal/carer’s leave (‘sick leave’) per year in the National Employment Standards (NES) must reflect an employee’s ordinary hours of work. The High Court rejected the Union’s argument that 12 hour...
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The Fair Work Commission (FWC) has confirmed a strict interpretation of the concept of ‘stoppage of work’ under s 524 of the Fair Work Act 2009 (Act), which provides: An employer may, under this subsection, stand down an employee during a period in which the employee cannot be usefully employed because of...
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On 22 August 2019, EMA Legal advised (http://www.emalegal.com.au/2019/08/22/legal-alert-full-federal-court-rules-on-sick-leave-test-case/) that the Full Federal Court had found in Mondelez v AMWU that the 10 days of personal/carer’s leave (‘sick leave’) per year in the National Employment Standards (NES) in the Fair Work Act 2009 (Cth) must reflect an employee’s ordinary hours of...
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