ALP Promises Tackling job insecurity and low wages head on, whilst investing in skills Australia needs to drive future economic growth. Better wages for Australian workers Addressing the imbalance between cost of living and wages. Same job, same pay Enshrining “same...
Changed definitions Persons conducting a business or undertaking (PCBU) Instead of the employer, the primary health and safety duty under the WHS Act will now be placed on all PCBU's: whether alone or with others; whether for profit or gain A PCBU includes a business...
The effect of these directions upon the employment relationship was considered in two recent decisions, which we discuss below. 1/ Floors Aucamp v Association for Christian Senior Citizens Homes Inc In October 2021, the Victorian Acting Chief Health Officer issued the...
Has the test to determine an employment relationship over that of an independent contractor changed? Prior authorities, such as Hollis v Vabu[1] and Stevens v Broadribb[2], applied a “multifactorial” approach to determine whether a person is an employee or a...
What are reasonable and lawful directions? In the absence of express terms in an employment contract or a statutory requirement (e.g. public health orders), implied into every employment contract is the duty that employees must follow lawful and reasonable directions...
In an attempt to address the Skene and Rossato decisions, amendments were made to the Fair Work Act 2009 (Cth) (FW Act), effective 27 March 2021, to introduce a new definition of a “casual employee” and provide a mechanism for the conversion of casual employees to...
In contrast to this time last year, there was a broad consensus that the current performance of the economy had exceeded expectations, with economic recovery well underway. In essence, the economy had recovered to a greater extent and more quickly than was...
In this article, we provide a brief summary of the potential changes coming out of the 4-yearly review of the SCHADS Award, with a focus on a number of key proposals that may affect work practices in the future. Reform areas Due to the volume of substantive claims by...
The prevalence of sexual harassment in the workplace is a topic that is front and centre for many employers at the moment. As recent media attention shows, a failure to eliminate or prevent sexual harassment in the workplace creates significant risks to employers and...
As a result, employers have new obligations with respect to their existing casual employees and any new casual employees they employ after 27 March 2021. Casual Fair Work Information Statement The Fair Work Ombudsman has now published a Casual Employment Information...