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Fair Work Commission update – award changes and pandemic leave

Stephen Curtain

On 24 March 2020, a Full Bench granted an application to vary the Hospitality Award. The reasons for that decision were published on 25 March 20204 (the Hospitality Decision). On 28 March 2020, a Full Bench granted an application to vary the Clerks–Private Sector Award…
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Collective bargaining class exemptions in the works for eligible businesses

Workplace Law

As consultation wrapped up last week, a change may be on the way as the ACCC considers introducing a class exemption for collective bargaining for selected businesses, agribusinesses and franchisees. Collective bargaining under the ACCC Collective bargaining is where two or more competitors come together…
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Uber Reaches its Final Destination: Victoria!

Workplace Law

An article for commercial drivers and consumers addressing the myriad of regulatory issues and legal challenges brought about by the ridesharing giant Uber. The Victorian State government has announced plans for draft legislation providing taxi drivers, rideshare drivers and consumers with clarity to reform the…
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When Is A Contractor Considered An Employee?

Workplace Law

It is important to know the differences between an employee and a contractor as this will affect your responsibilities, tax and super. If you incorrectly treat your employees as contractors, you risk having to pay penalties and charges.For the full text of this article, please go…
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Hand It Over

Workplace Law

It is common for businesses to provide employees with company-owned devices such as smart phones, laptops and USB sticks. Is your business adequately prepared to deal with the use of those devices including the retention of the information stored following the departure of an employee?…
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Officer liability under Occupational Health and Safety Legislation

Workplace Law

Each Australian State and Territory has occupational health and safety ('OHS') legislation which imposes certain obligations on companies. In any workplace OHS is a significant issue because when an accident or injury occurs there can be serious reputational and commercial repercussions for a company. Under…
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Safeguarding Commercially Sensitive and Confidential Information for Businesses

Workplace Law

If your business values its stored information for commercial advantage, it is likely that a competitor will also value it. Maybe even more. This article discusses legal and practical measures that businesses can take to protect their commercially sensitive and/or confidential information from theft or…
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Case Review “Procedural Failures of Employer render the Dismissal of an Immigrant Employee as Unfair”

Workplace Law

Ms Maricar Virata v NSW Motel Management Services Pty Ltd T/A Comfort Inn Country Plaza Halls Gap [2015] FWC 7932 The Applicant, Ms Virata, had been employed as a manager at the Employer’s hotel which is a small business located in Halls Gap in Victoria.…
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Grand Final Eve Public Holiday Confirmed

Workplace Law

The Small Business Minister Philip Dalidakis has confirmed AFL grand final eve as a public holiday, meaning Friday October 2 will be a public holiday this year. The decision followed a consultation period in which the Victorian Government accepted submissions regarding the impact of a…
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Restraints of trade in Employment Agreements

Workplace Law

For Employers: Does your current employee agreement include a restraint of trade clause? Your business and FUTURE business could be at serious risk without one. This blog explores the enforceability of employment restraint of trade clauses post-employment in Victoria. Types of restraints may include; those…
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Annual Leave to be paid upon termination of employment

Workplace Law

The Fair Work Act's s90(2) provision governs payment of untaken annual leave when a worker's employment ends. A full Federal Court has recently confirmed that annual leave owed to workers on termination of employment must be paid out at the same rate they would have…
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Employer blocked from compelling former employees to hand over documents

Workplace Law

What to be aware of if you suspect former employees have obligations regarding your business’ confidential information The Federal Court of Australia recently rejected a company’s application to compel three of its former employees to hand over documents which it said would help the company…
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Coaching Contracts or Employment? No Easy Answer in Sport – Part 1

Workplace Law

Recent debate has focused on whether AFL coaches ought to be on a fixed term contract or in a permanent employment relationship. The club’s desire to lock in a top coach, but without knowing whether they will deliver this season or the next, is part…
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Coaching Contracts or Employment? No Easy Answer in Sport – Part 2

Workplace Law

And so how might an employment relationship make a difference on the AFL stage? There has been a lot of movement in the coaching fraternity of late, and even in the past 12 months we’ve seen contracts used to prevent moves. Would the Swans have…
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Tips for surviving Christmas festivities in the workplace

Workplace Law

It is easy to forget in the festive time of year that employer sponsored Christmas and end of year parties are still work related activities, and that means these functions need to be treated as if they were a normal workplace. Importantly, this can apply…
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