The Miscellaneous Award 2010 (Miscellaneous Award) was created by the Fair Work Commission’s (FWC) predecessor to provide a ‘safety net’ for lower paid employees and those who are ‘modern award free’. On 25 March 2020, the Full Bench of the FWC determined that from 1 July 2020, clause 4.3 of the Miscellaneous...
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On 21 May 2020, we advised that the Full Federal Court had upheld the decision of WorkPac Pty Ltd v Skene [2018] FCAFC 131 (Skene) in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato). Click here to view the Legal Alert. Skene and Rossato have caused serious concerns for employers, as in effect, the...
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The recent Federal Circuit Court decision of Mc Innes v Aegis AC Pty Ltd [2020] FCCA 1142 highlights the importance of properly drafted employment contracts, after an employer was hit with a hefty underpayment under the Building and Construction Award 2010 (Award). During the employment, the employer issued the employee (an Asbestos Removalist) with...
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In September 2018, we reported the Full Federal Court decision of WorkPac Pty Ltd v Skene [2018] FCAFC 131 (Skene) where a casual employee paid a flat all-inclusive rate of $50 per hour was found to be a permanent employee, meaning he was entitled to the entitlements provided by the National Employment...
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In the first published JobKeeper decision, the Fair Work Commission has found that a stood down employee receiving almost double her usual wage under the JobKeeper scheme unreasonably refused her employer’s (Village Roadshow Theme Parks) request to use one day’s annual leave each week until 27 September 2020 (16 weeks)....
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10 National COVID-19 safe workplace principles announced The National Cabinet has agreed to 10 ‘National COVID-19 safe workplace principles’ to underpin the development of further work health and safety (WHS) guidance on COVID-19. Safe Work Australia (SWA) will develop and endorse the guidance to help employers manage health and safety...
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The Australian Tax Office (ATO) has yesterday issued advice requiring employers to adopt a “one in, all in” approach in respect of the JobKeeper scheme. This means that employers must nominate all employees (i.e. not just a select few), although employees can choose not to participate in the scheme (for...
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On 8 April 2020, the Fair Work Commission (Commission) made temporary changes to 99 modern awards via the insertion of a new Schedule, which provides employees with: an entitlement to take unpaid ‘pandemic leave’; and the ability to take annual leave at half pay. These changes apply until 30 June...
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On 8 April 2020, the Coronavirus Economic Response Package Omnibus (Measures No.2) Bill 2020 passed both Houses of Parliament, temporarily inserting Part 6-4C into the Fair Work Act 2009 (Cth) (Act). This Bill is awaiting Royal Assent. Fortnightly payment As addressed in our 7 April 2020 Legal Alert, under the JobKeeper Scheme, eligible employers...
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Yesterday, Christian Porter MP disclosed further details of the Government’s ‘JobKeeper’ legislation, which will amend the Fair Work Act 2009 (Cth) to enable qualifying employers to: Implement “JobKeeper enabling stand downs”, allowing employers to alter hours worked by employees while applying the Act’s existing ‘useful employment test’, while “taking into...
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