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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 […]

Tackling Wage Underpayment in Australia: An Overview of Proposed Reforms

Background The Albanese Government made a pre-election promise to implement recommendations made by the Migrant Workers’ Taskforce to tackle wage underpayment and non-payment. These reforms would see underpaying employers to face fines greater than $4 million or three times the underpaid sum involved. Individuals such as directors and HR managers would also face penalty charges […]

Key Takeaways from Wipro v State of NSW: Long Service Leave and Out-of-State Work Experience

The recent NSW Court of Appeal decision in Wipro Limited v State of NSW has departed from the longstanding interpretation of the Long Service Leave Act 1955 (NSW). The Background The employee in this case the applicant sought to claim long service leave pay after working for 11 years at Indian IT corporation, Wipro. He worked at Wipro’s Indian […]

Federal Government to Introduce Criminal Wage Theft Laws

The Federal Government is currently in talks with unions, employer groups, and states and territories to develop new federal criminal wage theft legislation. These proposed laws will introduce prison sentences for the worst cases of employer wage theft and complement criminal wage theft laws that have already been implemented in Victoria and Queensland since 2021. […]

FWC Addresses Overtime Loophole

The Fair Work Commission (“FWC”) has proposed changes to the modern award covering IT professionals, engineers, scientists, gaming sector employees due to underpayment of overtime entitlements and excessive litigation associated with the same. The Association of Professional Engineers Scientists and Managers Australia (“APESMA”) have expressed concern over unrecorded overtime work for employees covered by the […]

No Reasonable Basis for Refusing Flexibility Bid 

The Fair Work Commission (“FWC”) has recently found that Ambulance Victoria (“the Employer”) lacked reasonable grounds for rejecting a paramedic’s flexibility request to work ‘bespoke’ night shifts so she could care for her three young children.   Background Natasha Fyfe (“the Applicant”) is a young mum with three children and also an experienced Advance Life Support […]

Stevens & Associates Breakfast Seminar Wrap Up

Thank you to everyone who attended our Breakfast Seminar on Friday, 18th of November at the Four Seasons Hotel Sydney. We trust everyone enjoyed the breakfast and opportunity to mingle and network with other clients. Peter Hindeleh’s presentation covered the important distinctions between employment contracts and independent contractor agreements, which is of great importance to […]

Secure Jobs, Better Pay Bill

Earlier this month, the ‘Secure Jobs, Better Pay’ bill (‘the Bill’) passed the lower house and proposes a number of landmark changes to the nation’s industrial relations laws. The Bill follows many of the suggestions emerging from the Jobs & Skills Summit in September and aims to boost wage growth and work toward gender equality […]