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The Closing the Loopholes legislation includes principles to apply when determining the ordinary meaning of an 'employer' and 'employee' and requiring an assessment of the real substance, practical reality and true nature of the working relationship by considering the 'totality' of the relationship.

On 8 April 2021, the complainant (whom we will call Kylie) had a medical episode in her employer’s carpark. The episode was the result of a pre-existing medical condition which Kylie had not disclosed to her employer. Approximately seven other employees saw Kylie lying on the carpark floor apparently unconscious and provided her with CPR.

The Fair Work Commission (FWC) recently had to determine if an employee was required to check their emails during the taking of personal leave to meet the deadline for filing a general protections claim after being dismissed (Michelle Sciberras v Labour Solutions Australia Pty Ltd [2024] FWC 1615 (21 June 2024)).

Businesses are required to comply with the new laws which give employees the right to disconnect outside working hours...

The changes to casual employment in the Fair Work Legislation Amendment (Closing the Loopholes) Act will commence on 26 August 2024.

Recent case law has affirmed the Fair Work Commission’s position that it will not make orders to stop sexual harassment when the alleged harasser is no longer employed by the Company (Application by AB [2024] FWC 967).

There have been significant changes to the Fair Work Act 2009 (Cth) (FWA) as part of the new ‘Closing Loopholes’ legislation. These changes will come into effect at various times until 2025 and it is important for employers to keep on top of the changes to avoid being caught out.

Victorian employers already have a positive duty to eliminate discrimination, sexual harassment and victimisation as far as possible under the Equal Opportunity Act 2010.

As part of the Closing the Loopholes legislation contracts will not be allowed to be for a fixed term of longer than 2 years. This includes contracts which can by agreement be extended beyond 2 years. Nor can fixed term contracts be extended more than once, even if the total period is for less than 2 years.

Mortgage Brokerages like all businesses must protect themselves and ensure that they have comprehensively drafted contracts to prevent the following:

The need for greater work-life balance for families has recently been recognised by Parliament which has resulted in changes to the way parental leave applies to the majority employees.

“Fatigue” and “resignation” are words that became infamous to the aged care sector during the COVID-19 pandemic.

The National Employment Standards (NES) under the Fair Work Act 2009 (Cth) (FW Act) mandate the minimum notice period an employer must provide to terminate an employee's contract. However, the concept of "payment in lieu of notice" is often misunderstood. This article aims to provide an overview of what payment in lieu of notice entails, its legal implications, and common misconceptions in practice.

2023 has proven to be a year of significant change in the employment and workplace relations space.

A new regulatory regime for employee share schemes (ESS) commenced on 1 October 2022.

Employers who are not small business employers have until today to assess whether their casual employees who were employed before 27 March are eligible to be offered permanent employment.