When extending Part 6-4C of the Fair Work Act (Cth) (FW Act), the government recognised there would be employers who had previously qualified for the JobKeeper scheme, but who would no longer qualify to participate in the scheme following its extension past the end of September 2020.
Norah Chafardet
Amendments to the JobKeeper scheme
By David Cross & Norah Chafardet on
On 3 September 2020, the Coronavirus Economic Response Package (JobKeeper Payments) Amendment Act 2020 (Cth) (Act)[1] passed both houses of the Commonwealth Parliament, extending the JobKeeper scheme, varying employer JobKeeper eligibility requirements and making amendments to the Fair Work Act 2009 (Cth) (FW Act).
ASIC’s guidance indicates employers should make a provision in financial reports for employee entitlements owed to past and present casual employees who worked regular and systematic hours
By David Cross & Norah Chafardet on
The Australian Securities and Investment Commission (ASIC) has issued a guidance note (Guidance) in relation to financial reporting and audit requirements under Chapter 2M of the Corporations Act 2001 (Corporations Act).[1]
How to address employment issues involving a whistleblower
By David Cross & Norah Chafardet on
Under the whistleblowing regime in the Corporations Act 2001 (Cth) (CA), it is unlawful for someone to cause or threaten to cause detriment to, or victimise, a person because they believe or suspect that the person has made, may have made, or could make a whistleblowing disclosure (Whistleblower). Very substantial civil and criminal sanctions apply for both the individual engaging in detrimental conduct and the corporation that employs the Whistleblower and the antagonist.
Caution for employers: redundancy entitlement when employer changes employment conditions and employee continues working for their employer
By David Cross & Norah Chafardet on
The Federal Court of Australia (FCA) recently considered this issue in Broadlex Services Pty Ltd v United Workers’ Union [2020] FCA 867,[1] holding that an employee who was required to transfer her full-time employment to part-time was entitled to redundancy pay, because the employer no longer required the full-time job to…
Can injuries sustained working from home, including death, be considered to have occurred in the course of employment?
By David Cross, Nazreen Ali & Norah Chafardet on
The Court of Appeal of the Supreme Court of New South Wales considered this issue in Workers Compensation Nominal Insurer v Hill [2020] NSWCA 54,[1] confirming that a death which happened while working from home occurred as a result of injury arising out of and in the course of the deceased’s employment.
Amendments to the Fair Work Act 2009 (Cth): Workplace flexibility for JobKeeper employers in response to COVID-19 pandemic
By David Cross, Shannon Walker & Norah Chafardet on
On 8 April 2020, the Commonwealth Parliament passed amendments to the Fair Work Act 2009 (Cth) (FW Act) to assist employers who qualify for the JobKeeper scheme to deal with the economic impact of the Coronavirus.
Temporary variations to the Hospitality and Clerks modern awards in response to the COVID-19 pandemic
The Fair Work Commission (FWC) has acted on applications made by employer associations and unions by varying a number of awards to introduce temporary flexibility provisions in light of the COVID-19 pandemic and the associated public health orders. These important measures aim to provide employers with the flexibility to resource their businesses appropriately in the current climate whilst maintaining compliance with the applicable modern award, allowing them to continue active operations and retain employees.
Not-for-profit organisations bound by the whistleblowing regime
By David Cross & Norah Chafardet on
From 1 July 2019, not-for-profit incorporated organisations that meet the definition of a “trading or financial corporation” must comply with the corporate sector whistleblower regime in Part 9.4AAA of the Corporations Act 2001 (Cth) (Corporations Act).
What entities are obliged to comply with the new whistleblowing regime?
The new whistleblower regime applies to “regulated entities”, defined to include not only companies registered under the Corporations Act, but also corporations to which paragraph 51(xx) of the Commonwealth of Australia Constitution Act (Constitution) applies.[1]
A corporation to which the Constitution applies includes foreign corporations or “trading or financial corporations” formed within the limits of the Commonwealth. Not-for-profit organisations can meet the definition of a “trading or financial corporation”, despite being formed for a not-for-profit or charitable purpose.
Model term for family friendly working arrangements to be included in modern awards
By David Cross & Norah Chafardet on
As part of the Commission’s four-yearly review of modern awards,[1] the Full Bench of the Fair Work Commission (Commission) recently handed down a decision (Decision),[2] to insert a new model term (Model Term) into all modern awards, which will:
- complement the flexible working provisions contained in s 65 of the Fair Work Act 2009 (Cth) (Act); and
- impose further obligations on employers when responding to an employee’s request for family friendly working arrangements.
We set out below some background, the new obligations imposed on employers and the impact of the Model Term for employers.