From 26 August 2024, employees will have a legal right under the Fair Work Act 2009 (Cth) to refuse to monitor, read or respond to contact or attempted contact from their employer outside of their working hours, unless the refusal is unreasonable (the Right). The Right also applies to any contact or attempted contact from […]
Several changes to casual employment will be introduced by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 (Cth) which endeavour to create fair treatment for casual employees (the Changes). Summary of the Changes Definition of Casual Employees The new definition of a casual employee will focus on the absence of an employer’s […]
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 […]
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 for […]
Why Waiting Just 3 Months Can Kill Your Restraint-of-Trade Claim 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 […]
Expanded Paid Parental Leave: Up to 26 Weeks, and More Flexibility for Parents 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 […]
Breakdown of Fair Work Ombudsman’s Wage Recoveries Earlier this month, the Fair Work Ombudsman (FWO) announced that a record $532 million in unpaid wages and entitlements had been recovered for more than 384,000 workers in 2021-22. Background and Summary Following extensive efforts by the FWO to create an environment that encourages large corporations to prioritise […]
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 […]
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 […]
For over the past 20 years, companies have struggled with the question of who will be an employee and who will be an independent contractor. Previously, the courts would apply a ‘multifactorial test’ which would examine a range of indicia to examine the ‘totality’ of the employment relationship to decide whether the worker is an […]