The Fair Work Commission has ruled that an employee’s dismissal for refusing an influenza vaccination was lawful, in a case that may have significant implications in view of the COVID-19 vaccination roll-out. In Ms Bou-Jamie Barber v Goodstart Early Learning [2021] FWC 2156, the employee was dismissed by Goodstart Early Learning for...
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In December 2020, the Morrison Government introduced the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (Omnibus Bill) to Parliament, containing a range of amendments to the Fair Work Act 2009, including defining casual employment; anti-double dipping provisions for casuals subsequently claiming paid leave; extending the JobKeeper flexibilities in certain modern awards; changes...
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In a timely reminder for businesses reliant on labour hire providers, a decision out of Queensland confirms the need to be prudent in business dealings and take all steps to ensure that those providers required to be registered and licensed comply with their legal obligations. Queensland poultry processor B&E Poultry...
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In December 2020, the Morrison Government introduced the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (Omnibus Bill) to Parliament. The Omnibus Bill proposes to introduce a sunset deadline into the Fair Work Act 2009 (Cth) (Act), terminating all pre-2009 collective/enterprise agreements by 1 July 2022. Parliament has not passed the Omnibus Bill,...
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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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