Workpac granted special leave to appeal Rossato decision
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
Update: JobKeeper 2.0 approved
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
JobKeeper 2.0
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
High Court overturns Mondelez ‘sick leave’ decision
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
Commission confirms strict meaning of ‘stoppage of work’ for unpaid stand downs
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
High Court’s decision on personal/carer’s leave to be delivered Thursday
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
