This is a significant decision in this area, as the Court set aside the orders of the Court of Appeal of the Supreme Court of Victoria (Court of Appeal), affirming the decision of the primary judge in the Supreme Court of Victoria (Supreme Court), that the Appellant...
Victoria Stamper
First substantive case law decision in relation to a damaging action claim
This is currently the third decision in this area, since damaging action was introduced into the Industrial Relations Act 1979 (WA) (IR Act) on 20 June 2022. These protections were based on some of the general protections found in Part 3-1 of the Fair Work Act 2009...
Upcoming Changes to WA’s Industrial Relations System
Some of the key changes include: Introducing a Statutory Test for ‘characterising’ work Relationships Section 7A will be inserted into the Industrial Relations Act 1979 (WA) (IR Act), which will provide that the question of whether an individual is an employee (rather...
Court clarifies Employer’s role in Employee Well-Being
It is uncontroversial that employers owe a duty of care to their employees to provide a safe system of work and to take reasonable steps to prevent reasonably foreseeable injuries. This paramount duty extends beyond physical safety to encompass psychological...
The Right to Disconnect: What Does It Mean and Does It Affect You?
Legislative background The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth) (Amending Act) introduces the new ‘right to disconnect’ into the Fair Work Act 2009 (Cth) (FW Act). The right to disconnect provisions commence on 26 August 2024 but do...
Independent Contractor Amendments
The full Amending Act can be found here. ‘New’ Test for Characterising Employment Relationship One significant change, due to commence on 26 August 2024, is the addition of section 15AA to the FW Act. Section 15AA will provide a statutory test for determining whether...
Junior Doctors win $230 million settlement with NSW Health in Class Action
Background In December 2020, Dr Amireh Fakhouri filed a class action against the NSW Ministry of Health and the State of NSW covering junior medical officers who worked between 16 December 2014 and 21 March 2024. In a statement of claim, she alleged NSW Health failed...
Thousands of Aged Care Workers will receive up to 28.5% in wage increases following a landmark ruling by the Fair Work Commission (FWC).
The decision comes four years after the Health Services Union lodged an application for a 25% increase of wages across the board for an “under-valued, under-appreciated lifeblood of the care economy.” The pay rise follows the 15% increase to minimum wages awarded by...
Closing Loopholes in the Fair Work Act 2009 – Implications for employers and what you need to know!
In addition to the ‘Secure Jobs, Better Pay’ and ‘Protecting Worker Entitlements’ legislation implemented in 2023, the ‘Closing Loopholes Act’ 2023 came into effect on 13 December 2023, aimed at better protecting the rights of employees. This was followed by the...
Disability Royal Commission Final Report and Recommendations relating to your workforce
Recommendation 10.8 A national disability support worker registration scheme The Final Report recommends establishing a national disability support worker registration scheme by 1 July 2028 with minimum standard registration requirements. They want consultation to...