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 [...]
On 19 June 2020, the Annual Wage Review 2019-2020 decision was handed down by the Fair Work Commission. This decision followed the review of the national minimum wage (“NMW”) and modern award (“Award”) minimum wages for the next financial year. This year’s review was unprecedented. The Commission highlighted the extraordinary shock of COVID-19 to the [...]
The Pitfalls of JobKeeper and COVID-19 Work Practices The JobKeeper scheme is an ambitious lifeline to employers, codified in legislation less than two weeks after its initial announcement. However, the scheme’s fine print and changing work practices due to COVID-19 may create unforeseen complications for employers. This article considers 4 such examples. Employees may [...]
Governments around the world have adopted a range of contemporary economic solutions to the COVID-19 crisis. The JobKeeper package is no exception. On 9 April 2020, the Australian Government introduced the Coronavirus Economic Response Package (Payments and Benefits) Rules 2020 (Cth). These rules outline the requirements for employer and employee eligibility to JobKeeper payments. Some of the [...]
Employment laws have never changed more rapidly. On 8 April 2020, the Federal Government introduced the Coronavirus Economic Response Package Omnibus (Measures No. 2) Act 2020 (Cth). This legislation amends the Fair Work Act 2009 (Cth) as part of the new JobKeeper scheme. Importantly, it provides employers with more options to manage wage costs. [...]
COVID-19 has created a fast-changing workplace relations space. There have never been so many options available to businesses to manage their wage costs. More are likely to come. Below are six ways for employers to (currently) manage wage costs. 1. Stand down Many businesses are standing down employees. However, employers should tread carefully before doing [...]
