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In the recent decision of Fair Work Ombudsman v Delishesco Pty Ltd,[1] the Federal Circuit and Family Court has handed a Brisbane restaurant over $355,000 in penalties for ‘serious contraventions’ of the Fair Work Act 2009 (Cth) (Fair Work Act). This is among the highest overall amounts of penalties secured by the Fair Work Ombudsman (FWO) under the provisions introduced by the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Cth) (Vulnerable Workers Act). Background The respondents, Delishesco Pty Ltd and its sole director, operated a sushi restaurant in Brisbane. Despite having been formally cautioned for similar conduct previously, the…

When disaster strikes and business is suspended or employees can’t get to work, multiple employment entitlements are impacted. In this article, we wrap up some of the most frequently asked questions and examine what, exactly, employees are entitled to in the face of a natural disaster.   Can I stand down my employees? One of the most frequently asked questions in the face of a natural disaster is, ‘Can I stand down my employees?’. Under section 524 of the Fair Work Act 2009 (Cth) (Fair Work Act), a stand down is available to employers where an employee cannot be ‘usefully…

Following the recent Federal election, the new Labor government under Prime Minister Anthony Albanese is expected to introduce a raft of changes to workplace laws in Australia. Going into the election, Labor’s industrial relations policy focused on job security, targeting casual employment, labour-hire and gig work, and other forms of insecure work. This article examines these anticipated changes in more detail focusing on the legislative amendments to the Fair Work Act 2009 (Cth) (Fair Work Act) that can be expected under the government-elect in the near future.   What changes to the Fair Work Act are expected? The package of…

Unpaid family and domestic violence leave has been a feature of the National Employment Standards since 2018. Arising from the Fair Work Commission’s 4-yearly review of modern awards, the Australian Council of Trade Unions (ACTU) made an application to the Fair Work Commission for all modern awards to be varied to include an entitlement for paid Family and Domestic Violence Leave (FDV Leave). Earlier this week, the Commission handed down its provisional view that all modern awards be varied to include a paid FDV Leave entitlement of 10 days.   The case for paid FDV leave The Commission sought to…

In the current climate surrounding Covid-19, employers have sought to comply with ever changing health directions, and to safeguard their workplaces, by enacting vaccination policies and requirements. Where some employees have failed to comply with the health directions or vaccine requirements, employers have been placed in the difficult position of having to dismiss non-vaccinated employees. In an important reminder for employers to engage in a procedurally fair dismissal process, the Fair Work Commission recently held an employee refusing to be vaccinated against Covid-19 was unfairly dismissed. Significantly, however, the employee was not awarded any compensation.   Unfair dismissals generally In…

This evening, the Islamic holy month of Ramadan will commence, to end on the evening of 1 May 2022. 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…

In March 2021, a construction company was ordered to pay $3,000 to a construction worker for discriminating against him on the basis of his age. As most employers are aware, it is unlawful to discriminate against a person on the basis of their age. Importantly, this is true for an employer both in respect of its employees as well as any prospective employees. It is entirely lawful for an employer to consider whether a prospective employee can safely perform the duties of a role. However, the following case is an example of the risks of inappropriately using age as the…

In the recent case of CFMEU v BHP Coal Pty Ltd [2022] FWC 81, a senior member of the Fair Work Commission (Commission) has decided that employers can require workers to provide documentary evidence of their vaccination status without breaching the Privacy Act 1988 (Cth). In doing so, the Commission determined that just because sighting the ‘green tick’ on the Check In Qld app is good enough for the Blackwater Pub, does not mean it is good enough for the Blackwater coal mine.   Consent to collecting sensitive information Following on from last year’s landmark case of CFMEU v Mt…