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Omnibus Bill: The end of ‘double dipping’

Following the decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato Decision), many casual employees in Australia were likely to have been categorised as permanent employees, on the basis that they:

Casual employees’ right to be converted to permanent employment – cost implications for employers

The recent decision in WorkPac Pty Ltd v Rossato saw the Federal Court decide that a casually employed worker was actually a permanent employee.

Are you allocating the right breaks?

When it comes to workers’ rights and paid rest breaks, the Federal Court recently ruled that workers have a “workplace right” to toilet breaks and to drink water while in the workplace.  Why is this important for employers and HR professionals?

How will the Annual Wage Review impact your business?

The Fair Work Commission has recently handed down its decision on the Annual Wage Review 2019–20. The national minimum wage will increase by 1.75%.

The uncertainty surrounding the term long term casual causes a cash flow crisis for thousands of businesses weighing up the JobKeeper scheme

The whole question of whom is a casual employee in Australia is in a state of confusion.   Ever since the Full Court of Federal Court in 2018 decided to fundamentally change the pragmatic approach of the Fair Work Commission, essentially finding that any casual employee with a reasonable expectation of on-going employment is really a permanent employee, the law on this issue has been in state of confusion.  

Guidelines for JobKeeper-qualifying-employers in managing employees

For qualifying employers, the Australian Federal Government’s $1,500 (pre-tax) JobKeeper wage subsidy (JobKeeper Subsidy) was enacted on Thursday, 9 April 2020 with the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 (Cth).   The JobKeeper Subsidy will be available for a period of six months, between 30 March 2020 and 28 September 2020 (JobKeeper Period).  

Bulletin – COVID-19 and measures regarding employees

The crisis we are facing needs no explanation and it raises so many questions for employers. This guide reflects our thoughts at this point in the cycle of this unprecedented global event. 

Avoiding discrimination is more than just basic compliance

Discrimination law is founded upon the notion of inherent dignity and inalienable rights. Perhaps the watchwords which summarise the principles protected under anti-discrimination legislation are equality, inclusionand opportunity.


2020 signals the start of a new decade; a fresh start for all. But, for many employers it means the beginning of a new, potentially complicated payroll regime, and a new era in award compliance.  

Changing the Course – modern movements demanding more governance accountability from our organisations to protect against discrimination and harassment

In the current global environment, it could be argued that there is a broad and accelerating trend towards “holding the powerful to account”, seen through social movements such as #TimesUp and #MeToo. Though largely initially confined to the entertainment industry, these movements have ended any number of high-profile careers and the ramifications are spreading geographically and across industries.

You can have your chocolate and your personal leave too!

Pursuant to section 96(1) of the Fair Work Act 2009 (Cth) (the Act), permanent employees are entitled to 10 days paid personal/carer’s leave each year. For a standard 38 hour working week, this equates to 10 days of personal/carer’s leave at 7.6 hours per day.    

High Court free speech ruling will impact public servants, but how will it affect the rest of us?

With the demise of the master/servant relationship in the employment sphere 120 years ago, surely our private opinions are no longer owned by our employers.  In the privacy of our own garret, we must be free to pen our most impassioned feelings.  And if not obviously published in a manner that connects such ruminations to our employer, surely we must be free from consequence?  

Money, money, money...

Employees who are covered by an award will have their award base rates increased by 3% with effect from the first pay period starting 1 July 2019. The FWC’s pay guides have the current minimum pay rates for full-time, part-time and casual employees in an award, so be sure to check again for the soon to be published 2019-20 pay guide rates.  

Unfair dismissal and your finger’s right to privacy

The pressures on employers are vice-like, how do you comply with requirements of the Fair Work Act to keep accurate attendance records to ensure correct pay, without monitoring employee attendance accurately?

The What and the Where – Some Short facts about Sexual Harassment law in Australia

Modern businesses reject the notion that sexual harassment in the workplace is acceptable. However, confusion about what legally constitutes workplace sexual harassment under Australian law continues and might inadvertently lead to inappropriate behaviour, resulting in claims against employers and individuals.

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