The High Court has struck down an AAT ruling that the Department’s dismissal of a public servant operating a Twitter account critical of the Department’s policies was unlawful on the basis of the implied freedom of political communication. Background Ms Banerji, an employee of the Department
The Full Bench of the Fair Work Commission has considered how overtime and penalty rates should be applied in respect of casual nurses under the Nurses Award 2010 after the ANMF argued the Commission should not have approved an enterprise agreement because not all employees were
In February 2019, AFS Security 24/7 Pty Ltd dismissed one of its employees, a casual security guard, with a text message after two years of regular, rostered work. The text read ‘Effective immediately we no longer require your services.’ The security guard asked for an explanation
A ruling by the Australian Tax Office (ATO) on 12 March 2019 highlights the need for employers to ensure they confirm the reason for payment of annual leave loading with employees. The Superannuation Guarantee (Administration) Act 1992 requires employers to make superannuation contributions to employees based
Consumer and Business Services (‘CBS’) has yesterday released an announcement advising that it will recommence accepting labour hire licence applications from 14 June 2019. Labour hire providers in South Australia must lodge their licence application by 31 August 2019. The announcement follows unsuccessful attempts by the
On 30 May 2019, the Fair Work Commission delivered its annual minimum wage decision, raising the National Minimum Wage by 3.0% to $740.80 per week or $19.49 per hour , from 1 July 2019. This represents an increase of $21.60 per week, or 56 cents per
Although uncommon for costs to be ordered following adverse action claims, the Federal Circuit Court of Australia’s recent decision of Carr v ILSC (Brisbane) Pty Ltd & Anor, Pathik v ILSC (Brisbane) Pty Ltd & Anor (No 2) [2019] FCCA 1028 highlights the Court’s increased willingness to do
The Fair Work Act 2009 (Cth) (FW Act) establishes the criteria that must be satisfied by the Fair Work Commission before approval of an enterprise agreement. Section 180(5) of the FW Act provides that the employer must take all reasonable steps to ensure that the terms
The decision of Robinson v Western Business Solutions (Australia) Pty Ltd [2018] FCA 1913 (Robinson) highlights that terminating the employment of employees absent from work for health-related reasons may expose employers to liability. Facts Mr Robinson worked as a Client Executive for Western Union and was
In July 2017, the Fair Work Commission determined to introduce a model casual conversion clause into 85 modern awards and subsequently published the final model clause that took effect in modern awards from 1 October 2018. See our previous legal alert, “Casual Conversion Rights to be Included in Awards“.
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