Archive | Employment Law

Fair Work Ombudsman Announces 2022-23 Priorities

Industries and Compliance Areas Targeted by the Fair Work Ombudsman On 22 June 2022, the Fair Work Ombudsman Sandra Parker (FWO) has announced their strategic priorities for the year ahead. We summarise the priorities to give employers and employees alike a ‘heads up’ for what is to come from the regulatory body: 1.    University Sector […]

Recent Underpayment Case Results in Substantial Penalties

The FWO has secured a total of $204,000 in penalties against the operators of Riddhi Siddhi Pty Ltd (“the Company”), which operates ‘Vege Rama’ – a Brisbane fast food outlet, after the use of false records to disrupt their investigation. Background The FWO investigation into the business was first launched in November of 2020, after […]

Labor’s Industrial Relations Policy – Federal Election 2022

In light of the Labor Party’s recent win in the Federal Election last month, here is a summary of some of the Labor Party’s key Industrial Relations Policy promises they brought forward in their campaign: Wage Rises to Match Inflation During his campaign, now Prime Minister Anthony Albanese promised to back wage growth to match […]

Changes to National Employment Standards Announced in 2022 Budget

On 29 March 2022 Federal treasurer Josh Frydenberg announced that the Morrison Government’s (the Government) 2022 budget (the Federal Budget) would be extending Paid Parental Leave (PPL) to support new parents. Mr Frydenberg revealed that the government was engaging with key stakeholders in amending the National Employment Standards (NES) to boost redundancy payouts to women […]

Wage Underpayment Targeted

Should the Federal Government Criminalise Wage Theft? There is pressure on the Federal Government to outlaw wage theft as an anti-competitive practice following a Senate inquiry on unlawful unemployment. A majority report by the Economics References Committee released last week by Labor, Greens and Independent Senators made 19 recommendations to stop the unlawful underpayment of […]

Maximum Term Contract leaves referee on the Bench

A General Protections claim before the Fair Work Commission (“FWC”) has been “stopped in its tracks” before it even started. The FWC held that a National Rugby League (“NRL”) referee was not dismissed, but rather, his “maximum-term” 12-month contract expired. It is for this reason that the FWC had no jurisdiction over the matter as […]

Government Power to Mandate Vaccinations Upheld by Supreme Court

A series of challenges to mandatory vaccination requirements has been dismissed on all grounds by the New South Wales Supreme Court. Legal Challenge The legal challenges, lodged on behalf of ‘essential workers’ in the construction, health and aged care and education industries, sought to challenge the validity of the NSW public health orders that restrict […]

Flexible working arrangements and when they simply don’t work

Under the National Employment Standards, employees have a right to request from their employer flexible working arrangements in some circumstances. Such requests may involve changes to work hours, patterns or locations so that an employees may either, maintain a work-life balance, continue their caring responsibilities, or may be able to work despite major interruptions to […]

Mandatory COVID-19 Vaccine Policies Fair Work Commission Full Bench upholds Unfair Dismissal Sacking after Employee’s Vaccine Refusal: Kimber v Sapphire Coast Community Aged Care [2021]

The full bench of the Fair Work Commission (FWC) has upheld a decision that the dismissal of a residential aged-care facility receptionist, Ms Kimber, who refused to receive a flu vaccine, was not harsh, unjust or unreasonable. The majority decision maintained that Ms Kimber’s employer, Sapphire Coast Community Aged Care Ltd (the Company), had not […]