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Reproductive Leave

Overview One of Australia’s largest not-for-profit disability service providers is among the first employers to provide 12 days of ‘reproductive leave’ to its 16,000 disability service workers. Following negotiations between the Health Services Union (the HSU) in Victoria and Scope (Aust) Ltd (Scope), full-time and part-time workers are eligible. They can use the reproductive leave […]

“Shake-up” test cases

Background President Adam Hatcher of the Fair Work Commission (the FWC) is seeking feedback on three key test cases brought forward by the Transport Workers Union (the TWU) following the Albanese Government’s “Closing Loopholes 2” legislation. The TWU’s three applications are seeking to establish minimum standards and regulate working conditions for employee-like gig workers in […]

$197,000 in Penalties Ordered Against Company for ‘Sham Contracting’

The Fair Work Ombudsman (the FWO) has secured $197,000 in court-ordered penalties against Doll House Training Pty Ltd (the Company), a Sydney-based health and wellness research company, for engaging in sham contracting involving workers with disabilities. The Federal Court found the company guilty of misrepresenting employment contracts as independent contractor agreements (ICAs) and failing to […]

Changes to Definitions and Protections for Independent Contractors

The Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 (Cth) has introduced several important changes for independent contractors. These changes include a new definition of employment, the expansion of the powers of the Fair Work Commission (FWC) to deal with unfair terms in services contracts and the introduction of new frameworks providing minimum […]

Court Denies Costs in Adverse Actions as Judge Deems Settlement Offers Unalluring

Background   In a recent legal development, a court has declined to order costs against a former sales representative who rejected multiple settlement offers before losing her adverse action case against tools manufacturer Makita (“the Company”). The court found “nothing especially alluring” about the settlement offers, ultimately leading to the dismissal of the respondents’ application […]

Enforcing Restraints of Trade: Delay of Three Months Fatal for Employer’s Case

A recent notable ruling has underscored the critical importance of prompt action for employers aiming to enforce restraint of trade clauses against former employees. A delay of just three months in initiating legal proceedings proved detrimental, leading to the dismissal of an employer’s application for interim relief. Scyne Advisory Business Services Pty Ltd v Heaney […]

Enhancing Support for Working Families: Changes to Paid Parental Leave in Australia

Paid parental leave is set to undergo significant changes starting from July 2024, offering increased support for working families across Australia. The passage of the Paid Parental Leave Amendment (More Support for Working Families) Bill 2023, unamended by the Senate on 18 March 2024, marks a pivotal moment in bolstering parental benefits nationwide. Under the […]

Large Penalty for Adverse Action

The Federal Circuit and Family Court of Australia (FCFCA) has recently awarded almost $100,000.00 in damages and penalties to an employee for their employer’s unlawful adverse action. Judge Riley found that the company Asaleo Personal Care Pty Ltd (the Company) placed the sourcing manager (Mr Lees) on a performance review and then dismissed him because […]