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HR + Employment Law: Latest Alert - Edition 20 June 2019
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HR + Employment Law: Latest Alert - Edition 20 June 2019

Latest News Minimum wage increase The Fair Work Commission has handed down its decision to increase the national minimum wage by 3% or $19.49 per hour for adults effective 1 July 2019. On that basis, we encourage employers to compare their current rates under any Enterprise Agreement and ensure compliance with the Federal national minimum increase.  To review the decision handed down by ...

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'Employee' or 'Independent Contractor'

Our Employment and Workplace Relations team have put together this excellent resource when considering whether a person is an employee compared to an independent contractor. Whilst the factors to determine the issue are well-established, the distinction can be complex and sometimes blurred. Please click on the image below to download the PDF.

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HR + Employment Law: Latest Alert Edition 18 - 2019
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HR + Employment Law: Latest Alert Edition 18 - 2019

Latest News The Mental Health Code of Practice has been launched this week by the Department of Mines, Industry Regulation and Safety, following extensive public consultation. Whilst this is a mandatory resource specifically for those on a FIFO roster within the resources and construction sector, it provides useful guidance more generally to employers with an interest in the mental health of their workforce....

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HR + Employment Law: Latest Updates & Trends Edition 17 - 2019

Summary of key updates in 2018 The introduction of Domestic Violence Leave - The Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018 was passed in December 2018 which will see all workers under the Fair Work Act 2009 (Cth) entitled to 5 days’ unpaid domestic violence leave., Casual conversion clauses took effect 1 October 2018 into 84 modern awards allowing a ‘regular ...

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“There’s no such thing as a permanent casual”?

The well recognised and long-standing approach has been for casual employees to receive an attractive loading to compensate for benefits typically enjoyed by permanent employees, including annual leave and sick leave. Nevertheless, in the WorkPac decision, the Full Federal Court held that a casual employee was entitled to accrued benefits (enjoyed by permanent employees) such as annual leave, based ...

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HR Toolbox Edition 16 - 2018

Latest news Senate Inquiry into Gig Economy, The Future of Work Report (the Report) has been released by the Select Committee on the Future of Work and Workers (established by the Senate) after a year-long inquiry to “report on the impact of technological and other change on the future of work and workers in Australia”…including relevantly “employment status and working patterns of Australians”....

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HR Toolbox Edition 15 - 2018

Latest decisions An unusually close relationship between an employee and employer nullifies bullying claim, Ms McCutcheon, who was employed as an area manager with a wine wholesaler alleged that she was subjected to repeated unreasonable behaviour during the course of her employment. Amongst the allegations, Ms McCutcheon claimed that the wine wholesaler’s Managing Director, inappropriately ...

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HR Toolbox Edition 14 - 2018

Latest news Minimum wage increase, The Fair Work Commission’s Minimum Wage Panel recently decided to increase the national minimum wage including all modern award rates by 3.5% effective 1 July 2018 based on the “economic indicators now pointing more unequivocally to a healthy national economy and labour market ”. Moving forward, employers need to ensure that any applicable ...

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HR Toolbox Edition 10 2018

Recent news In a recent controversial decision by the Full Bench of the Fair Work Commission, employers using “back to back” term contracts may now run the risk of facing an unfair dismissal claim where a contract is not renewed. Click here to read our full blog on this key decision. , The results of the Fair Work Ombudsman’s healthcare sector campaign have found that ...

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RISK ALERT: A non-renewal of a term contract may now be considered a dismissal by the employer

Generally, under the Fair Work Act 2009 (Cth) (FWA) an employee can only bring an unfair dismissal claim if their employment has been terminated at the initiative of the employer. Prior to the decision of the Full Bench of the Fair Work Commission in Saeid Khayam v Navitas English Pty Ltd t/as Navitas English [2017] FWCFB 5162 (Navitas) an employee under a term contract that expired and was not ...

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HR Toolbox: Edition 9 – 2017

Latest news: The latest Annual Report released by the Fair Work Commission has revealed that in the last 12 months there has been an upwards trend in general protections (involving dismissal) applications, with a 14% increase in this type of claim from 2015-2016.  Out of the 3,564 general protections applications made to the Commission, 73% of them were finalised at the Commission level and ...

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HR Toolbox: Edition 8 – 2017

Latest news The McGowan government has introduced amendments to the Occupational Safety & Health Act 1984 (WA) to increase penalties for offences under the Act. The significant increases are aimed at ensuring that penalties better reflect the importance of a safe workplace and to bring Western Australia’s penalties in line with other jurisdictions in Australia.  To review the Bill and explanatory memorandum, click here....

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