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. 

The unprecedented circumstances imposed on us by COVID-19 has necessitated innovative solutions. The Fair Work Commission (FWC) has been working with parties to facilitate greater flexibility in working and leave arrangements. The Clerks – Private Sector Award 2010, which applies to all clerical employees undertaking work within the classifications in the Award has been temporarily amended by adding a new Schedule to provide for greater flexibility during the COVID-19 pandemic. What are the temporary changes?

We are receiving many enquiries from clients regarding the obligations on employers where their employees or their business is being affected by COVID-19. This is an unprecedented situation we are all in, and not one which employment law has previously been required to address. It is fair to say that what is being required of employers is to apply the existing employment regulation to a novel set of circumstances that were not contemplated when the

In the wake of the alarmingly increasing number of employers being found to have underpaid their employees, the Fair Work Commission (FCW), has made a decision to change the annualised salary arrangements contained in 19 Awards and to insert an annualised wage clause in 3 additional Awards. These changes take effect from 1 March 2020, so if you currently use annualised salary arrangements under an Award, you need to be prepared for the new requirements.

2019 was full of high-profile cases where big and small businesses had failed to pay their employees correctly. Although the phrase wage theft was bandied around with abandon, in our experience it is very rare for employers to deliberately underpay their employees. However, what these high-profile cases demonstrate is that understanding Industrial Awards and applying them to complex working hours arrangements is not easy and mistakes can easily be made. We have previously identified the