Articles
The End of JobKeeper = Challenges for Employers – Part 1
Since March 2020 employers have faced mounting challenges as a result of the COVID-19 pandemic. As JobKeeper 2.0 has now come to an end (28 March 2021) we thought it timely to address some questions that may arise for employers. The initial JobKeeper scheme certainly...
Redundancy series No. 4 – Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45
We have written about what a redundancy is, planning for redundancy and consultation so far in our redundancy series. Today we wanted to demonstrate some of the relevant principles by way of recent case law. One such case is that of Helensburgh Coal Pty Ltd v Bartley...
Redundancy series No. 3 – Consultation
In previous articles we have stepped through what a genuine redundancy is and what to be mindful of when planning a restructure. Once the planning is complete, next comes consultation with employees. Section 389(1) of the Fair Work Act 2009 (Cth) requires that...
Redundancy series No. 2 – Planning a Restructure
It’s well known that the cost of living has increased post pandemic and businesses are not immune to these impacts. This is article 2 of our series of articles on redundancy. In this article we look at planning for a restructure. The first critical step in planning...
Redundancy series No. 1 – What is Redundancy?
It’s well known that the cost of living has increased post pandemic and businesses are not immune to these impacts. We’ve noticed an increase in queries about redundancies which has led us to thinking about the importance of getting it right. The process of...
When can a resignation be considered a dismissal?
The Fair Work Commission has recently determined a number of cases on the question of constructive dismissal. In each of these cases the employee claimed that whilst they resigned from their employment, their resignations were not voluntary in the true sense, and...
Sexual Harassment Positive Duty
The issue of sexual harassment has become increasingly topical. The critical question that is often asked – why is more not being done to prevent sexual harassment? In November 2022, the Federal Government passed legislation imposing a ‘Positive Duty’ on all...
Employee’s Right to Disconnect
Today (8 February 2024), the Fair Work Legislation Amendment (Closing Loopholes No.2) Bill 2023 (the Bill) was passed in the Senate. The Bill amends the Fair Work Act 2009 (Cth) (the FW Act). Following debate in the Senate on 7 February 2024, the Greens introduced an...
Changes to Fixed and Maximum Term Contract Laws
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 passed on 6 December 2022 (Amendment Act) which overhauled workplace and industrial relations laws in Australia. One of the final components of the Amendment Act introduces limitations on the use...
Cheers and Fears – Planning your end of year function
It’s getting to that time of year again when employers hold their annual end of year event. Generally at these events staff get together to eat drink and have a good time. Remember, the traditional employer organised end of year function is a work event. All of us...
‘Requesting’ Employees to Work Public Holidays
On 28 March 2023, the Full Federal Court delivered a decision in Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC 51 (the Full Federal Court Decision) which had significant impacts for all employers who operate on public...
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