With the festive season and Christmas rush approaching, the workplace can become stressful and prone to Work Health and Safety (WHS) risks. Christmas Parties going awry are not the only workplace legal risks employers need to be aware of during the festive period. SafeWork Australia statistics reported that the months of January, November and December […]
The New South Wales District Court (NSWDC) have imposed heavy penalties on both H & F Mechanical Pty Ltd (the Company) and business partners Max Hoffman and Laurence Hoffman (the Partnership) for modifying a timber cutting machine and knowingly allowing an employee to use the modified machine. The Partnership was found to have a Primary […]
A recent decision of the Full Court of the Federal Court (Federal Court) has highlighted the cost associated with misclassifying employees as casual. On 16 August 2018, the Federal Court found that a labour hire employee was entitled to annual leave benefits despite being ostensibly engaged as a casual by WorkPac Pty Ltd (WorkPac). The […]
As part of the Fair Work Commission’s (FWC) 4-yearly review of Modern Awards it issued a decision to insert a casual conversion clause (Casual Conversion Clause) into over 80 Modern Awards. The Casual Conversion Clause will be operative from 1 October 2018 and it will allow eligible casuals to request conversion to permanent employment. In […]
On 5 September 2018, the Long Service Benefits Portability Act 2018 (Vic) (the Act) passed through parliament. The Act will come into effect on 1 April 2019, and will grant portable long service leave to employees within the Community Services, Security and Contract Cleaning sectors. Under the new scheme, eligible employees will accumulate long service […]
On 19 June 2018 the Victorian Parliament passed The Labour Hire License Bill (Vic) by 21 votes to 19, minor amendments are to be returned to the lower house for endorsement. This introduction of labour licensing legislation follows the similar legislative changes in Queensland and South Australia and may add momentum to the introduction of […]
Unfair dismissal – 2018 – Updated Threshold in the Fair Work Jurisdiction As we settle into the 2018-2019 financial year, employers need to be aware of increases to key thresholds effective from 1 July, and how these impact on employees’ entitlements and unfair dismissal eligibility. From 1 July 2018, the high-income threshold increased from $142,000 to $145,400 […]
An Australian chemical distribution company based In Sydney’s west AUSCHEM (NSW) Pty Ltd (Auschem NSW) has been forced to pay up to almost $100,000 for failing to adequately protect two employees from a worksite explosion and fire. In February 2015 two Auschem NSW employees were decanting all-purpose thinners from a leaking 1000 litre container into […]
The Fair Work Commission (FWC) has given food manufacturer, Arnott’s Biscuits Ltd (Arnotts) the green light to conduct compulsory urine testing. United Voice, Australian Manufacturing Workers’ Union (AMWU); and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Unions) disputed that the use of urine testing was necessary. The […]
The ongoing coronial inquest into the deaths caused by Dreamworld’s Thunder River Rapid ride has uncovered critical evidence that workplace safety teams across various industries can learn from. In particular, the inquest illustrates that clear communication of safety protocol and procedure is key. What caused the WHS failure In October 2016, electrical malfunctions caused the […]