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Franchisor avoids penalties for failure to comply with invalid Notice to Produce
When the Fair Work Act 2009 was amended in 2017 to allow franchisors to be penalised for the non-compliance of their franchisees if they failed to take ‘reasonable steps’ to prevent contraventions from occurring, ...
Read more FWC finds the limits to JobKeeper stand downs
The Fair Work Commission has, for the first time in the short life of the JobKeeper jurisdiction, tested exactly how far a JobKeeper stand down direction can go in reducing an employee’s ...
Read more Domestic violence results in workers compensation payment
The need for employers to consider the impact of domestic and family violence on their workforce has been highlighted by the outbreak of COVID-19, with many domestic and family violence support services reporting a ...
Read more Victorian Wage Theft Bill 2020 passes, introduces criminal offences for employers
In the middle of a pandemic that has left the nation in economic turmoil and prompted Australia’s first recession since 1991, the Victorian Government has passed the Wage Theft Bill 2020 (Vic) which puts ...
Read more Changes to paid parental leave scheme
On 11 June 2020 the Paid Parental Leave Amendment (Flexibility Measures) Bill 2020 passed both houses of Federal Parliament. The Bill received Royal Assent on 16 June 2020, and its changes will take effect ...
Read more No hibernation for the Fair Work Ombudsman: Record penalties secured for wage non-compliance
The pandemic hasn’t hindered the Fair Work Ombudsman’s (the FWO) efforts to investigate and prosecute wage non-compliance in the retail and fast food sectors. The FWO has recently secured record penalties against ...
Read more Federal Court opens door to casual leave claims
It was impossible to miss the headlines following the Full Court of the Federal Court handing down its 273-page judgment in the case WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato). The case was ...
Read more 2019 Federal Election | Coalition holds on to government – outlines changes to Fair Work Act
The Coalition has managed to form a majority government in a fiercely contested election last Saturday. While Labor had spent much of its election campaign outlining a near-overhaul to the industrial relations ...
Read more Qantas wins right to not pay sick leave to stood down workers
In something of a speed record for the Australian judicial system, less than three weeks after final submissions were made the Federal Court of Australia yesterday ruled that Qantas workers who have ...
Read more How to safely bring your employees back to the workplace after hibernation
Due to the speed with which the COVID-19 pandemic spread and required social distancing to ‘flatten the curve’, many companies were forced to either stand down their workforces or organise and implement ...
Read more Immediate changes to JobKeeper Rules
Late Friday evening, the Treasurer tabled the Coronavirus Economic Response Package (Payments and Benefits) Amendment Rules (No. 2) 2020 (the Amendments), which amends the rules of the Federal Government’s JobKeeper program. The Amendments give ...
Read more Casuals and Jobkeeper: casual absenteeism and disciplinary processes
Although reasonably new (and still changing), the JobKeeper program has, so far, had a mixed effect on businesses. Whilst some employers have embraced it wholeheartedly others, especially those with a workforce comprised ...
Read more Beyond JobKeeper: Alternative flexibility options in the coronavirus epoch
Many of our readers will doubtless be aware, by virtue of the many, many circulars issued in recent weeks, of the temporary amendments to the Fair Work Act 2009 (Cth) which allow employers greater flexibility in ...
Read more Fair Work Commission hands down first COVID-19 related redundancy pay decisions
The Fair Work Commission has set the benchmark for employers seeking to reduce the amount of redundancy pay payable to employees who were made redundant due to a downturn in business as a ...
Read more The essential guide to redundancy during COVID-19
The unprecedented disruption caused by coronavirus (COVID-19) has left many employers considering their immediate options to reduce expenditure over the coming weeks and months. In most cases, substantial cost-savings may be able ...
Read more Fair Work Commission proceedings: Head in the sand, or head in the game?
Receiving notice of any legal proceedings is enough to make the blood run cold of most business owners and HR professionals. For many, the process of defending such an application can be ...
Read more Legal Beagles | Bullying in the workplace
A topic very near and dear to the Legal Beagles hearts. Cal and Al return this week with a topic causing some stress for well-known brands – workplace bullying (aka exhibit one for Cal’s claim to the ...
Read more The essential guide to redundancy
In the current economic climate, it is critical for businesses to constantly identify opportunities to improve efficiency and reduce expenditure. While the prospect of redundancies is certainly not pleasant, they are often ...
Read more ATO says it’s time for business to move to myGovID: Deadline approaching of AUSkey retiring in March
If you’re about to lodge a Business Activity Statement (BAS) through the ATO’s Business Portal, now is the time to make the switch. On 27 March, the ATO and 26 other government ...
Read more ‘He said, she said’: Investigating sexual harassment in the workplace
Investigating an allegation of sexual harassment in the workplace can be one of the greatest challenges a HR professional or employer can face. An allegation of sexual harassment in the workplace carries ...
Read more Coronavirus: Frequently asked questions by employers in the midst of an outbreak
As we’ve entered a new year, we’ve seen the emergence of a new danger, in the form of the outbreak of the novel coronavirus. The first cases were reported in the Chinese ...
Read more Legal Beagles | Does this wage look right to you?
Does this wage look right to you? The Legal Beagles, Cal and Al, return for 2020 with a brand new analysis on the wage theft (or non-compliance) scandals that have rocked the headlines. Unfortunately, it ...
Read more Employ staff on a salary? Here’s what you need to know
It is a common misconception that once an employee is paid a salary, a modern award no longer applies to their employment. Whether a modern award applies to a person mostly depends ...
Read more If an employee gets high can we say goodbye? Not necessarily, says the FWC
Employers often spruik their ‘zero tolerance’ drug and alcohol policies when trumpeting their safety and workplace processes and cultures. However, the Fair Work Commission has also been promoting a ‘zero tolerance’ approach ...
Read more Legal Beagles | Top 10 Dismissals of 2019
2019 is drawing to a close, so the Legal Beagles decided to go over their favourite (and most infamous) dismissal decisions of the year. From family squabbles to extremely bad behaviour, it’s a wild ride ...
Read more Ten years of Fair Work: Closing out the decade
With the year almost over, it’s time to reflect on the lessons learned in 2019, and prepare for the start of a new decade. In January, we predicted that compliance would continue to be ...
Read more Have we got that on tape? The risks of covert workplace investigations
Since before the introduction of the Fair Work Act it has taken more than just a valid reason to dismiss an employee. From providing an opportunity to respond, to not refusing a ...
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