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Truck Driver Misclassification Proves Costly for Employer

In a case that demonstrates the pitfalls of misclassifying employees as independent contractors, the Full Federal Court has upheld an appeal by two truck drivers pursuing unpaid leave and superannuation entitlements after working exclusively for a company for almost 40 years. Originally, the trial judge held in 2018 that the two men were contractors and […]

JobKeeper Update

On Tuesday 21 July Scott Morrison announced that the JobKeeper fortnightly payments of $1500 (gross) to eligible employees will remain unchanged until 27 September 2020. After this date, the JobKeeper subsidy will also vary per employee depending on whether they fall under the scheme’s new full-time (working over 20 hours per week) or part-time (working […]

Stand Down Decision Keeps Cruise Company Afloat

A recent Fair Work Commission (FWC) decision has provided employers with more clarity regarding the circumstances in which they can lawfully “stand down” employees. The decision has provided guidance for employers on the application of the stand down provisions in the Fair Work Act 2009 (Cth) (the Act) in light of the COVID19 pandemic. Stand […]

Update: WorkPac seek leave to take Rossato to High Court

Labour hire firm WorkPac has launched a High Court challenge seeking to overturn the Full Federal Court ruling of WorkPac Pty Ltd v Rossato (The WorkPac Decision) made last month. As reported in our May edition of Vision, the landmark ruling on casual employment sent shockwaves amongst employers after opening the way for casual employees who work […]

Update: Woolworths staff underpayments blow out to almost $400M

Whilst Woolworths Limited informed investors on Tuesday, 23 June 2020, that sales figures have remained strong despite consumers easing up on Covid-19 stockpiling, the announcement was tainted by a development in the Company’s wage underpayment scandal. A further $75 million in staff underpayments has been identified, blowing out the potential total of the underpayments to […]

Hero Sushi the Villain in ‘Fraud’ and Wage Underpayment Scandal

Restaurant chain, Hero Sushi has been fined a record total of $891,000 for deliberate underpayment of staff and attempting to cover up the underpayments by creating fraudulent documents. “The Most Significant Decision” Hero Sushi’s actions were compared to “fraud” by Federal Court judge Geoffrey Flick for its repeated attempts to conceal underpayments totalling $700,000 at […]

The Transition to Returning to Work

On Friday 8 May 2020, the Australian Government released a three-phase plan to reopen locked down businesses in a “Covid-safe environment”. The NSW Government subsequently announced a NSW-specific Stage 1 to be implemented from Friday 15 May 2020, which includes the re-opening of some pubs, cafes and restaurants and advice for other businesses to continue […]