The Western Australian Parliament has now passed the Work Health and Safety Act 2020 (WHS Act). The WHS Act is set to align WA with other states and territories’ including the introduction The WHS Act will not operate until industry-specific regulations are finalised. The WA Government has said it anticipates the new legislation and accompanying […]
New Bill for Ten Days’ Paid Domestic Violence Leave Being Introduced by the ALP
A new bill is being introduced by the Australian Labor Party (ALP) providing affected workers access to ten days’ paid domestic violence leave under the National Employment Standards (the Bill). This move comes following recent comments made by opposition leader Anthony Albanese, confirming that domestic violence is an “epidemic” in Australia. Shadow Minister for Families […]
Federal Court Stresses the Significance of Investigating Allegations in Case Resulting in Landmark $5 Million Payout
In a recent general protections case, the Federal Court underscored the significance (and cost) of a failure to act appropriately in response to claims of bullying and harassment made by employees. Mr Benham Roohzadegan, a Regional General Manager of Technologyone Limited (“The Company”) sought compensation and penalties for the termination of his employment which amounted […]
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 […]
Aged Care Workers Across Australia to Receive Paid Pandemic Leave
Aged care workers across Australia will be given the right to paid pandemic leave to encourage them to stay home if they have any symptoms of the coronavirus after the recent surge of coronavirus cases in Victoria. The Full Bench of the Fair Work Commission determined that aged care workers, including nurses, should be given […]
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 […]
SafeWork NSW launches ‘Speak Up, Save Lives’ app
SafeWork NSW has announced the launch of a mobile reporting app. “The app is a quick, easy and confidential way for anyone to report unsafe worksite or work practices using only their mobile phone,” NSW Minister for Better Regulation and Innovation Kevin Anderson said. “If you spot anything risky, play your part in protecting your […]
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 […]