Articles
Over the last few years casual employment has received significant attention, first because of two major court cases which challenged the notion of what it means to be a casual, and then because of Parliament’s efforts to mitigate the effect of these court cases on the status quo. These court cases, and indeed the legislation, emphasise that in order to be a casual employee, the employee must not have been promised ongoing work, and the employer is free to offer or not offer work at their discretion according to their need. Conversely, the employee is free to accept or reject…
Read MoreOver the past decade, the ‘gig economy’ has fundamentally reshaped large sections of the economy, from professional services to transport, postal and warehousing. The Australian Bureau of Statistics (ABS) reported that as of August 2020, there were approximately 1.02 million independent contractors in Australia. While for many years the construction industry has held by far the largest utilisation of independent contractors, with 30 percent of all independent contractors engaged within the sector, it experienced negative growth between 2019 and 2020. While this was no doubt partly attributable to the COVID-19 pandemic and its impacts on that part of the economy,…
Read MoreEmployees with medical conditions can present unique challenges for employers. While businesses should, and often do, seek to provide equal opportunity for all, there are some cases where this is simply not possible. It is an unfortunate truth, however, that sometimes the provision of a medical certificate is seen as a “get out of jail free” card. This is something a human resources manager will be far too familiar with; the scenario of an employee who cannot attend a disciplinary meeting, or perform a specific unpleasant duty, because of an unspecified “medical condition”. As a rule, managers should not stand…
Read MoreWhen it comes to buying or selling a business, there is no shortage of matters requiring your attention. From negotiations about the purchase price or stock-in-trade, making and receiving representations, or understanding whether there are any hidden liabilities, all of these are essential components that make up a sale. However, one of the most commonly forgotten about considerations has to do with the entitlements of existing employees of the business. While it may be a condition of the sale that all existing employees, sometimes including the current owner, become employees of the purchaser, this has far reaching consequences that sometimes…
Read MoreThe union movement has put major retail brands on notice of supply chain disruptions as part of the wider effort to secure more advantageous working conditions for transport workers. In a speech to the Transport Workers’ Union (TWU) National Council in Darwin last week, TWU National Secretary Michael Kaine warned of a “winter of discontent, followed by a spring offensive” against “retailers who think they can keep squeezing transport companies and their workforces.” Mr Kaine ended his address with the warning to retailers that “I am not threatening disruption. I am promising it.” The supply chain accountability agenda Mr…
Read MoreAs of 27 March 2021, it is now enshrined in the Fair Work Act 2009 that casual employees will generally be able to accept or refuse work when it is offered. While this has always been the case under common law and is technically not anything new, the fact that it is now provided for in black and white could see a shift in the rate at which shifts are accepted or rejected by casual employees. Many businesses became familiar with this feature of casual employment when, during the height of the COVID-19 pandemic, they struggled to find adequate numbers…
Read MoreThe CEO of Tesla may seem to live in a different world from the rest of us – rockets, driverless cars and all – but it sometimes helps to be reminded that even the likes of Elon Musk are not free from the IR issues that all businesses must navigate. This was illustrated by a recent decision of the US National Labor Relations Board upholding a 2019 ruling that the company had illegally fired a worker for engaging in union activities, with the Board ordering that the worker be reinstated and receive backpay for lost earnings. While the exploits of…
Read MoreYesterday evening, the Islamic holy month of Ramadan commenced, to end on the evening of 12 May 2021. During Ramadan, practicing Muslims will abstain from food or drink, including water, from sunrise to sunset. This can pose some challenges for employers, from the prevalence of “lunch meetings” to work health and safety concerns. In this article, we will outline some means by which employers can manage their businesses to support those partaking in Ramadan and the wider workplace. Be flexible where possible Since the fasting period during Ramadan lasts from sunrise to sunset, the duration of the fast can…
Read MoreThe end of the Federal Government’s JobKeeper program on 28 March 2021 saw with it the end of several legislative provisions which provided employers with crucial flexibilities to respond to an ever-shifting business environment. As the Greater Brisbane area enters another lockdown, the pinch from this sudden loss is becoming more and more apparent. In this article we will explore what mechanisms continue to exist under the Fair Work Act 2009 (Cth) (FW Act) for businesses to manage their pathway forward. Limitations on employer flexibility At the outset, it ought to be appreciated that many of the provisions which…
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