Insights

Rossato a casual employee - an end to the casual classification circus?

The High Court has today handed down its landmark decision in WorkPac Pty Ltd v. Rossato & Ors, and overturned the Full Federal Court decision of May 2021 by finding that Mr Rossato was a casual...

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Mandatory COVID-19 vaccinations in the workplace

The Delta strain significantly increases the risk to the community and to workers. This is especially the case in sectors like health care and aged care, but is also becoming increasingly relevant...

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COVID-19 mandatory vaccinations in clinical and healthcare settings

Medical experts consider that the Delta strain is up to 40% more contagious than the previous strain of COVID-19, which significantly elevates the amount of risk to workers in sectors like health...

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Sexual harassment: now squarely a Work Health and Safety issue

Safe Work Australia has released new national guidance on preventing and responding to workplace sexual harassment (Guide). The release of the Guide is just one of a number of significant...

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Industrial manslaughter in the Queensland coal industry

The industrial manslaughter provisions commenced on 1 July 2020 with amendments made to a number of Mineral and Energy Resources legislative instruments including the Coal Mining Safety & Health...

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Major changes to IR laws – what you need to know

On 9 December 2020, the Attorney General tabled a new bill (the Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2020) which proposes significant changes to the Fair...

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Common sense prevails for personal leave: High Court decision in Mondelez

The High Court of Australia handed down its much awaited decision about personal leave entitlements in Mondelez Australia Pty Ltd v AMWU & Ors and Minister for Jobs and Industrial Relations v AMWU ...

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Labour hire – contractors or employees?

Following on from the May 2020 Full Federal Court decision in Rossato, in July 2020 the Full Federal Court handed down its judgment in another labour hire case, Construction, Forestry, Maritime...

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Review your workplace COVID Plan

Yesterday’s announcement by the Victorian Premier of the Stage 4 restrictions for workplaces means it is timely for employers to review their COVID Plan.

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New Wage Theft Bill Passed by Victorian Parliament

With much recent debate at the Federal and State level about criminalising employee underpayments, on 16 June 2020, the Victorian Parliament passed the Wage Theft Bill 2020.

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Industrial manslaughter introduced in Queensland resource sector

Amendments to safely legislation in the Queensland resource sector introduce the new criminal offence of industrial manslaughter. In addition, the Coal Mining Safety and Health Act 1999 (Qld) will...

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WorkPac Pty Ltd v Rossato

Last week, the Full Court of the Federal Court of Australia handed down the decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 dismissing WorkPac’s application for a declaration that Mr Rossato...

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Returning to work under COVIDSafe workplace plans and other recent trends

Last week the Australian Government announced a three step framework for a COVIDSafe Australia.

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FWC announces intent to temporarily amend Awards to provide new leave benefits

On 1 April 2020, the FWC announced a provisional view that it will amend 103 modern awards to include a new temporary Schedule that will operate until 30 June 2020, subject to review by the...

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Update on labour hire licensing laws

South Australia and Queensland have recently introduced new labour hire licensing legislation to provide greater protections for workers and accountability for employers in the labour hire industry.

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Amendments to modern awards: casual conversions and workforce reviews

The Full Bench of the Fair Work Commission recently determined to make a number of amendments to modern awards relating to casual and part-time employees.

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Changes to penalty rates and minimum wage rates in modern awards

Two recent decisions of FWC mean that employers, particularly in the retail and hospitality industries, should confirm their minimum rate obligations to employees.

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Long-awaited data breach notification laws pass parliament

Businesses operating in Australia that handle personal information will soon need to notify affected individuals and the Australian Information Commissioner of serious data breaches under a new...

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