Jodie Kessler

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Australian minimum wage to be increased by 3% to $19.49 per hour from 1 July 2019

The Fair Work Commission has determined to award Australian workers a 3% increase on minimum wages. In the Annual Wage Review Decision handed down today, the Fair Work Commission has determined that from 1 July 2019: The national minimum wage and modern award minimum wages are to be increased by 3%. The national minimum wage … Continue reading

Deeds of release may be set aside if they are brought about as a consequence of unlawful discrimination

The Federal Circuit Court of Australia (FCCA) has found that the Court has the power under s46PO(4) of the Australian Human Right Commission Act 1986 (Cth) (AHRC Act) to set aside a deed of release, where the deed comes into existence as a consequence of unlawful discrimination.[1]… Continue reading

Changes to taxation of Australian employee share schemes

From 1 July 2015, changes to Australia’s employee share scheme taxation regime will reduce the risk of employees being hit with unfunded tax liabilities by: permitting taxing points to be deferred for longer periods; and introducing a significant tax concession for eligible start-ups’ employee share schemes. For an overview of the changes, and what they … Continue reading

Australia considers resurrecting employee share and option plans by reviving tax concessions

The Australian Government has released draft legislation which, if implemented, will boost the tax concessions for shares and options acquired under employee share and option plans on and from 1 July 2015. In 2009, changes to the tax treatment of employee share and option plans saw the end of these incentive schemes in Australia.  The … Continue reading

Bullied ‘at work’? Commission finds bullying ‘at work’ can occur any time, any place

A Full Bench of the Fair Work Commission (FWC) considered the meaning of “at work” in the context of an application for a stop bullying order. The FWC found that “at work” encompasses: the performance of work at any time or location; and when the worker is engaged in some other activity which is authorised … Continue reading

Restraint of trade clause with more than 8,000 covenants certain and reasonable

A restraint of trade clause with 8,190 separate covenants was considered certain and not wholly unreasonable in a decision of the Supreme Court of Tasmania (Court). In Australia, restraint of trade clauses are, on the face of it, void as a matter of public policy.  However, Australian Courts may enforce a restraint of trade clause … Continue reading

Growth of Australian pay rates remains at record low

The growth of Australia pay rates remains at a record low. The Australian Bureau of Statistics (ABS) Wage Price Index (WPI) indicates that pay rates increased by just 2.5% over the 12 months ending on 30 September 2014 (WPI September 2014 Key Figures). This was the 6th consecutive quarter in which through the year rises … Continue reading

Australian employees donate $110 billion each year to employers through unpaid overtime

The Australia Institute (TAI), an independent public policy think tank, has published a report entitled Walking the tightrope which considers the question: Have Australians achieved work/life balance?  TAI’s research reveals the answer to this question is a definitive ‘no’.  Australian employees work approximately 58.8 million hours of unpaid overtime per year, equating to almost $110 … Continue reading

Australia: Employees’ rights on redundancy

Rights of employees upon redundancy of their position and in the case of any resulting termination of the employee’s employment will depend upon whether the employee falls into the Federal employment and industrial relations jurisdiction (National System Employees) or under the jurisdiction of the State in which the employee works. National System Employees National System … Continue reading

Implied term of mutual trust and confidence? Appellate court ends the debate (for now)

A Full Court of the Federal Court of Australia has handed down a majority decision upholding the previous finding of a single judge of the Federal Court that, implied into every Australian employment contract, in the absence of express exclusion, is a term of mutual trust and confidence (Term). The decision has resolved a long … Continue reading