The recent case of WorkPac v Rossato (“Rossato”) has amplified uncertainty around the definition of casual employment, pending an upcoming High Court appeal. The Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (“Bill”), introduced by the Federal Government on 9 December 2020, proposes to resolve this uncertainty. Among other things, the [...]
2020 is sure to be remembered as the year where the only certainty was uncertainty. COVID-19 and related challenges have changed countless industries, and prompted sweeping employment law changes at record pace. In our “2020 Wrap-Up” we look back at some of the key developments in employment law in 2020, many of which will remain [...]
Despite characterising the claims as “rapacious”, the Federal Circuit Court has awarded over $1.3 million to a group of former Macquarie Bank wealth advisors for unpaid entitlements. This is notwithstanding the former employees earning significant commissions between 2013 and 2019, many in the millions of dollars. The three related underpayment claims involved over 50 wealth [...]
By now, many businesses will be preparing for reduced JobKeeper payments which start from 28 September 2020. During the first extension period of the JobKeeper scheme, from 28 September 2020 to 3 January 2021, JobKeeper payments will be reduced to $1,200 or $750 per fortnight depending on the hours worked by eligible employees. Payments will [...]
A signed employment contract is often the bedrock of good risk management. For me, it’s as important as making sure I always have enough fuel in my car to travel up to 5km from my home (and back again) to get groceries! All too often, employers get themselves into legal trouble by not having signed [...]
COVID-19 has proved to be a stubborn thorn in the side of Australia’s economic recovery. Thus, it has been necessary for the Federal Government to extend its economic support past the original end date of 27 September 2020. On 1 September 2020, the Government passed the Coronavirus Economic Response Package (JobKeeper Payments) Amendment Bill 2020. [...]
The introduction of JobKeeper was accompanied by changes to the Fair Work Act 2009 (Cth) (“FW Act”) which gave eligible employers new powers. This included the power to issue a “JobKeeper enabling direction” (“JED”) to Jobkeeper employees. Among other things, JEDs allow employers to unilaterally reduce an employee’s hours, including to zero. This is referred [...]
The use of independent contractors instead of employees may seem an attractive alternative for some businesses during these uncertain times. However, be warned – this area is full of traps for the unwary. This article considers the two recent cases of Jamsek v ZG Operations Australia Pty Ltd [2020] FCAFC 119 and CFMMEU v Personnel [...]
Many of the new powers that employers have under the jobkeeper amendments to the Fair Work Act 2009 (Cth) (“FW Act”) cannot be exercised unreasonably in all of the circumstances. The Transport Workers Union of Australia v Prosegur Australia is the first Full Bench authority which has considered the meaning of “unreasonable in all circumstances”. [...]
Promotion to Associate: Katherine Stewart We are excited to announce that Katherine has received a well-deserved promotion to Associate. Katherine has been with WestmoreJacobs® for over two years and has been a fantastic contributor to the firm’s success to date. We would like to thank her for her tireless commitment to the firm and congratulate [...]
