The Federal Government announced 30 March 2020 that it intends to pass legislation to introduce a wage subsidy, called the JobKeeper payment, for eligible businesses impacted by COVID-19.
Amy Leonard
Coronavirus: An employment and WHS guide for the tourism and hospitality industry
By Martin Osborne, Amy Leonard & Matt Wichlinski on
Australia, like many countries, continues to closely monitor the evolving coronavirus situation, caused by the outbreak of a novel coronavirus first reported in Wuhan, Hubei Province, China.
FIFO worker engaged as a casual entitled to annual leave
By Martin Osborne & Amy Leonard on
A FIFO worker who was purportedly engaged as a “casual” under an enterprise agreement has successfully claimed an entitlement to annual leave under both the National Employment Standards (NES) and the terms of the enterprise agreement.
The full Federal Court decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131 opens the way for further claims by employees who are engaged as casuals but work regular and consistent hours.
Continuing reform of the Heavy Vehicle National Law – Now is the time to ensure you comply
By Amy Leonard on
There has been significant activity recently in the area of safety regulation for the heavy vehicle transport industry (see our previous updates) and further reforms are on the way.
In particular, key amendments to the chain of responsibility (CoR) and executive officer liability provisions in the Heavy Vehicle National Law (HVNL) are set to commence in mid-2018.
It is critical to prepare now by examining your systems and ensuring you are in a position to comply with these new obligations.
High Court clarifies application of reasonable administrative action exclusion for workers’ compensation
By Amy Leonard on
The High Court has recently clarified the application of the reasonable administrative action exclusion for workers’ compensation claims under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRCA).
The SCRA excludes liability to compensate an employee for an injury or condition suffered as a result of reasonable administrative action taken in a reasonable manner. Reasonable administrative action includes reasonable performance appraisals, disciplinary action and actions done in connection with an employee’s failure to obtain a promotion or benefit, or to retain a benefit.
In Comcare v Martin [2016] HCA 43, the High Court examined the causal connection required between the condition suffered and the reasonable administrative action.
Obtaining alternative employment and redundancy pay: Does the offer meet the test of acceptability?
By Amy Leonard on
If an employee is entitled to redundancy pay on termination, but their employer has obtained other acceptable employment for them, the employer can apply to the Fair Work Commission (FWC) for an order under the Fair Work Act 2009 (Cth) (FW Act) to reduce (including to nil) the amount of redundancy pay that is due to the employee.
The employer is required to demonstrate that:
- it “obtained” the alternative employment for employees; and
- the alternative employment was “acceptable”.
In the recent decision of Sodexo Australia Pty Ltd T/A Sodexo [2016] FWC 4012, Deputy President Sams of the FWC considered the second test of whether the alternative employment was “acceptable”.