Articles
The Fair Work Commission has taken aim at a family-owned retail business and a financial services firm, both of whom restructured their operations after they were notified that two respective employees had fallen pregnant. In a rare consent arbitration, Compuworld was found to have breached the workplace rights of a full-time Receptionist after she requested time off work to attend medical appointments associated with complications during her pregnancy. Then, less than two weeks later, a small accounting firm in New South Wales, ‘The Advice Spot’ found itself in the spotlight after it unfairly dismissed its part-time Bookkeeper while she was overseas in New York…
Read MoreOne of the most common questions we are asked on the workplace relations hotline is how to correctly classify employees. In most cases, this is a fairly straight forward exercise, and it’s an important skill for business owners to develop. However, like many parts of modern awards, classification levels are not always drafted in the clearest of terms, and seldom do they anticipate every possible situation that may arise. For this reason, it’s essential to both understand what each classification level means and how to determine which one to apply. What are employee classification levels? If a modern award…
Read MoreSeven years ago, on 1 August 2013, it became unlawful across all of Australia to discriminate on the basis of sexual orientation, gender identity, and intersex status under the Sex Discrimination Act 1984. This change was the result of decades of work from activists in the LGBTIQ+ community and their allies to positively shift society’s attitudes towards the LGBTIQ+ community. In particular, it was a major step for the transgender (trans) community, who have long been stigmatised, oppressed, and ostracised from mainstream society. As societal views and attitudes continue to change for the better, more trans people are choosing to…
Read MoreOn 13 August 2020, the High Court of Australia delivered its eagerly-awaited judgment in the case Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2020] HCA 29 (Mondelez v AMWU). The matter dealt with the interpretation of the entitlement to 10 days of paid personal/carer’s leave in the Fair Work Act 2009 (Cth) (FW Act), specifically what is meant by a ‘day’ of leave. The High Court’s decision comes nearly a year after the Full Court of the Federal Court first threw the existing interpretation of the entitlement into question in Mondelez v AMWU [2019] FCAFC 138 by preferring a ‘working…
Read MoreMany employers offer their employees the opportunity to travel during their employment – whether to meet clients or customers, or to attend training, seminars, or conferences, and this is often considered a “perk” of the job. health and safety Often these journeys come with a reasonable amount of down-time between formal engagements, during which the employee may choose to socialise, go out, and enjoy their new surroundings. When unfamiliar territory and alcohol are combined, this all too frequently leads to things going wrong. The first priority in such a situation should always be the health and welfare of the employee…
Read MoreFrom midnight on Wednesday, 5 August 2020, Victoria will enter Stage 4 restrictions and all non-essential retailers located in the Melbourne metropolitan area will be restricted to contactless ‘click and collect’ and delivery services. The restrictions will last for at least the next 6 weeks, and as such it is important for retailers to understand the options available to manage their staff over this period. In preparation for midnight on Wednesday, 5 August 2020, you may need to consider standing down your workers. During this time, it is important to continue to manage your legal and compliance obligations. There are…
Read MoreIn a fascinating case before the Federal Court of Australia, Justice Steward considered whether a prospective employee has a workplace right to make inquiries about their prospective employment. Such a question obviously has significant ramifications for how an employer conducts itself when negotiating contract terms with prospective employees. Case: Maric v Ericsson Australia Pty Ltd [2020] FCA 452 Background to the case In March 2019, Ms Maric was offered the position of Health, Safety and Environmental Specialist by Ericsson Australia Pty Ltd (Ericsson Australia). She was sent an employment contract that she did not sign. Instead, she sought legal advice in…
Read MoreToday, the Prime Minister announced that the JobKeeper package would be extended from 27 September 2020 until 28 March 2021. This news comes as welcome relief as businesses still struggle with uncertainty, particularly with the situation in Victoria demonstrating how quickly circumstances can change. There will, however, be changes to both the amount of the JobKeeper payments and the businesses that can claim them. Two stages of JobKeeper extension The first important difference is that the extension to the JobKeeper scheme is divided into two three-month periods: 28 September 2020 – 3 January 2021; and 4 January 2021 – 28 March…
Read MoreWhen 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, the Fair Work Ombudsman quickly placed the franchising model into its spotlight. This increased focus has led to the FWO carrying out numerous investigations into franchisees and their franchisors, in some cases leading to the imposition of fines and other penalties. However, preceding these penalties is a rigorous and highly regulated investigation process. Recently United Petroleum, the franchisor for United Petroleum petrol stations, was the subject of an investigation,…
Read MoreThe 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 hours. In a decision handed down earlier this week, Deputy President Peter Anderson determined that the employer had gone too far in reducing the employee’s hours, and instead altered the direction to provide for a lesser reduction. Jones v Live Events Australia Pty Ltd [2020] FWC 3469 The players Live Events Australia Pty Ltd (LEA), part of the Mediatec Asia Pacific group, contracts with various networks to broadcast…
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