In a recent case before the Fair Work Commission a Deliveroo rider (“Mr Franco”) has been deemed to be an employee and not an independent contractor, and therefore a person protected from unfair dismissal. This case is a major breakthrough for the Transport Workers Union’s continuing bid to establish that gig workers are employees within […]
Possible Delay to Superannuation Guarantee Rate Increase: Employers Should Still Prepare
Frozen at 9.5% for the last six years, discussion has fired up about the superannuation guarantee (SG) increase this July. The SG rate is scheduled to increase by 0.5% to 10% on 1 July 2021, with incremental increases to 12% by 2025. However, it remains unclear whether all the increases will be implemented. Federal Government […]
IR Bill Update
The substantially reduced IR omnibus Bill passed Parliament on Monday 22 March 2021. Following contentious public scrutiny and prolonged debate, the House of Representatives passed the pared-back version of the ambitious Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (the Bill) which proposed a raft of changes to be introduced to the […]
Wage Underpayment in the Fast-Food Service Industry: Penalties for Franchisees
Wage underpayment in the fast-food industry is in the limelight again, after a Federal Circuit Court recently imposed fines of up to $58,000 against a company and its directors (the Directors), who operated a Chatime franchise in Sydney’s CBD. Acting upon advice received from the Franchisor, the Directors underpaid 17 employees by paying ‘age-based’ and […]
Recent UK Supreme Court Decision dismissing Uber Appeal sparks debate on the Rights of Gig-Workers
Casualisation has long since been a substantial feature of the labour force. However, in recent times, the rapid rise of the ‘gig economy’ has contributed to a major shift in traditional understandings of what ‘work’ is and the various, unconventional forms that it now takes. Accordingly, perceptions of what ‘workplace protection’ looks like, who ‘workers […]
The Omnibus Industrial Relations Bill: Things to Know
The Omnibus Industrial Relations Bill (“the Bill”) was introduced in Parliament on Wednesday 3rd February and quickly picked up criticism surrounding key components of the Bill. Set to help revive the economy following the hit of the pandemic, the Bill reforms the Fair Work Act, specifically targeting the operation of the Fair Work Commission, the […]
Industrial Relations Reform Update
After a long period of shy and cautious tinkering around the edges, the Federal Coalition Government has given us their first bold foray into major industrial relations reform. On 9 December 2020 Attorney-General and Minister for Industrial Relations, Christian Porter, introduced the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (FW Amendment […]
Western Australia set for WHS reform
The Western Australian Parliament has now passed the Work Health and Safety Act 2020 (WHS Act). The WHS Act is set to align WA with other states and territories’ including the introduction The WHS Act will not operate until industry-specific regulations are finalised. The WA Government has said it anticipates the new legislation and accompanying […]
New Bill for Ten Days’ Paid Domestic Violence Leave Being Introduced by the ALP
A new bill is being introduced by the Australian Labor Party (ALP) providing affected workers access to ten days’ paid domestic violence leave under the National Employment Standards (the Bill). This move comes following recent comments made by opposition leader Anthony Albanese, confirming that domestic violence is an “epidemic” in Australia. Shadow Minister for Families […]
Covid-19 Update: FWC expands paid pandemic leave until late March
The Full Bench of the Fair Work Commission (FWC) announced that the paid pandemic leave provisions within the three awards applying to aged care workers (the Aged Care Award, the Nurses Award and the HPSS Award) will have their operation extended to 29 March 2021. In it’s decision the FWC noted the recent Covid-19 improvement […]