A decision of the Federal Court released on 21 May 2020, has further complicated our understanding of what is a casual employee and what does the 25% casual loading compensate employees for. Readers may recall an earlier Federal Court case involving the labour hire company Workpac. This case initially called into question if casual employees, in some circumstances, could be entitled to paid leave in addition to the 25% casual loading.  As a consequence of

Unfair dismissal applications to the Fair Work Commission are sharply rising. The substantial increase of 60% against the same time last year should not be surprising to experienced practitioners. For those of us who have been through previous economic events which have affected employment security and led to substantial terminations of employment, we have seen this trend before. These employees have nothing to lose by making an application and potentially something to gain, if only

Jobkeeper applications opened with the ATO today, 20 April 2020.  Those employers who are approved for the wage subsidy will have many options available to them in terms of how they utilise existing staff and how they bring back staff who have previously been stood down or made redundant. The purpose of the Jobkeeper wage subsidy is to keep employees engaged with their employer, and where possible, return employees to useful employment. This does not

On 8 April 2020 the Australian Parliament passed the legislation necessary to introduce the Jobkeeper wage subsidy. The legislation was given Royal Ascent on Thursday 9 April 2020. Although this gives us greater clarity in relation to what may change at the workplace, questions around timing and eligibility for employers and which employees are to be covered remain in need of some additional clarity. The remaining uncertainty is unfortunate, as the proposed changes apply only

On 1 April 2020, the Fair Work Commission (FWC) announced a preliminary view regarding the variation of many Modern Awards to provide an entitlement to “unpaid pandemic leave” and annual leave at half pay. This is action being proposed by the FWC on its’ own motion as it can do under section 175 of the Fair Work Act, 2009. A final determination will be made following a short consultation period, and if necessary, a hearing.