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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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HR Toolbox Edition 7 – 2017

Latest decisions The Fair Work Commission, which found that an employee’s dismissal was not a genuine redundancy, has ordered to have the employee reinstated back into his former job (or an equivalent position) despite the employer opposing such an order on the basis that the former job no longer existed and the employment relationship had been irretrievably broken. Links to the full decision ...

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Think Twice Before Withholding a Bonus Or Changing a Bonus Scheme

Mr Anthony Loone was the Managing Principal of the Launceston arm of Crowe Horwath (Aust) Pty Ltd (CHA).  Mr Loone’s contract contained a term that provided for the payment of a bonus. The relevant clause of the contract provided that: “The bonus you may be eligible to get forms a discretionary component of your Remuneration. The Company will determine from time to time, at its ...

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New liabilities and higher penalties - recent changes to the Fair Work Act

We summarise below the key changes to the FW Act that may impact on you or your business: Higher penalties The maximum penalties for civil remedy provisions of the FW Act have now increased tenfold.  An employer who seriously contravenes their obligations under certain provisions of the FW Act may be liable for up to $126,000 per contravention where the employer is an individual and up to $630,000 where the employer is a corporation....

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HR Toolbox Edition 6 - 2017

Recent News. On 4 September 2017, the Senate voted to expanded the Fair Work Ombudsman's investigative powers, while imposing limits on the types of matters it can examine. The Opposition’s amendments to the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, still enable the FWO to exercise coercive powers with respect to gathering evidence of breaches, but these powers are subject ...

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