On 5 September 2018, the Long Service Benefits Portability Act 2018 (Vic) (the Act) passed through parliament. The Act will come into effect on 1 April 2019, and will grant portable long service leave to employees within the Community Services, Security and Contract Cleaning sectors. Under the new scheme, eligible employees will accumulate long service […]
It has been widely reported that food delivery company Foodora Australia Pty Ltd (Foodora) recently closed its Australian operations. Foodora’s closure had created great uncertainty over two significant cases recently brought against Foodora for alleged use of sham contracting to underpay its workers. The two cases were expected to be pivotal in the ongoing battle […]
Earlier this year, the Fair Work Commission Full Bench (FWCFB) ruled on updating all industry and occupation awards to include a clause enabling most employees to take up to 5 days of unpaid family and domestic violence leave (FDV Leave) per year. As of 1 August 2018, 2.3 million Australian employees under Modern Awards now […]
A recent decision by the Federal Court of Australia (FCA) has demonstrated the importance of accurate and up to date record keeping, particularly relating to the payment of employees. The FCA has recently imposed a fine of almost $100,000 on a former Caltex franchisee (Mr Dagher) who was found to be falsifying the wage records […]
On 19 June 2018 the Victorian Parliament passed The Labour Hire License Bill (Vic) by 21 votes to 19, minor amendments are to be returned to the lower house for endorsement. This introduction of labour licensing legislation follows the similar legislative changes in Queensland and South Australia and may add momentum to the introduction of […]
Unfair dismissal – 2018 – Updated Threshold in the Fair Work Jurisdiction As we settle into the 2018-2019 financial year, employers need to be aware of increases to key thresholds effective from 1 July, and how these impact on employees’ entitlements and unfair dismissal eligibility. From 1 July 2018, the high-income threshold increased from $142,000 to $145,400 […]
An Australian chemical distribution company based In Sydney’s west AUSCHEM (NSW) Pty Ltd (Auschem NSW) has been forced to pay up to almost $100,000 for failing to adequately protect two employees from a worksite explosion and fire. In February 2015 two Auschem NSW employees were decanting all-purpose thinners from a leaking 1000 litre container into […]
The Fair Work Commission (FWC) has given food manufacturer, Arnott’s Biscuits Ltd (Arnotts) the green light to conduct compulsory urine testing. United Voice, Australian Manufacturing Workers’ Union (AMWU); and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Unions) disputed that the use of urine testing was necessary. The […]
The ongoing coronial inquest into the deaths caused by Dreamworld’s Thunder River Rapid ride has uncovered critical evidence that workplace safety teams across various industries can learn from. In particular, the inquest illustrates that clear communication of safety protocol and procedure is key. What caused the WHS failure In October 2016, electrical malfunctions caused the […]
The Fair Work Commission (the Commission) has recently rejected a postal worker’s (the Applicant) claim for over $200,000 in alleged underpayments relating to overtime, rest relief and meal allowances (the Entitlements) throughout the course of his employment with Australia Post (the Respondent). The Applicant worked as both a Postal Delivery Officer (PDO) and Postal Services […]