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 […]
Company fined $3 million in Australia’s first industrial manslaughter conviction
Brisbane Auto Recycling (the Company) has become Australia’s first company to be convicted of industrial manslaughter under Queensland’s new Work Health and Safety (WHS) industrial manslaughter laws. The Company purchased used motor vehicles for resale, recycling and parts. Its two directors, Mr Asadulla Hussaini and Mr Mohammad Ali Jan Karimi (the Directors), who both supervised […]
Legal Update – Key changes to NSW health and safety laws
On 10 June 2020, the Work Health and Safety Amendment (Review) Act 2020 (NSW) (the Act) came into effect, introducing a number of significant reforms to the Work Health and Safety Act 2011 No 10 (NSW) (WHS Act). The changes include an expansion of gross negligence, prohibition of insurance contract indemnities, and increases in fines for WHS breaches. The new […]
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 […]
Federal Court WorkPac Ruling Sends Casual Shockwaves amongst Employers
The landmark decision of WorkPac Pty Ltd v Rossato has been handed down by the Full Federal Court. The Full Court held that a coal mining worker (Mr Rossato) was in fact a permanent employee with a right to paid leave entitlements, despite being classified and engaged as a casual employee under his employment contract […]
Hero Sushi the Villain in ‘Fraud’ and Wage Underpayment Scandal
Restaurant chain, Hero Sushi has been fined a record total of $891,000 for deliberate underpayment of staff and attempting to cover up the underpayments by creating fraudulent documents. “The Most Significant Decision” Hero Sushi’s actions were compared to “fraud” by Federal Court judge Geoffrey Flick for its repeated attempts to conceal underpayments totalling $700,000 at […]
The Transition to Returning to Work
On Friday 8 May 2020, the Australian Government released a three-phase plan to reopen locked down businesses in a “Covid-safe environment”. The NSW Government subsequently announced a NSW-specific Stage 1 to be implemented from Friday 15 May 2020, which includes the re-opening of some pubs, cafes and restaurants and advice for other businesses to continue […]