Martin Osborne

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Life tips for the walking dead – An update on extension applications for zombie agreements

By Martin Osborne on November 15, 2023 Posted in General

This article was co-authored by Jonathan McMillan and Terry Stavrianos. In our previous article, we explored the introduction of sunsetting provisions for what are commonly referred to as ‘zombie agreements’. Broadly, zombie agreements are workplace agreements made before the commencement of the Fair Work Act 2009 (Cth) (FW Act) and during the transitional period immediately … Continue reading

Rude awakening – High Court rules on employer vicarious liability for after-hours conduct in shared staff accommodation

By Martin Osborne on November 9, 2023 Posted in Australia

This article was co-authored by Roxanne Hilton, Amy Parry and Grace Carlson. The High Court in CCIG Investments Pty Ltd v Schokman has recently overturned a decision of the Queensland Court of Appeal, shedding light on when wrongful acts occur ‘in the course or scope of an employee’s employment’.[1] Course or scope of employment? A … Continue reading

Queensland’s first industrial manslaughter sentence

By Martin Osborne, Peta Willoughby and Amy Parry on June 12, 2020 Posted in Australia

Queensland’s first industrial manslaughter sentence was handed down yesterday by the Brisbane District Court for the death of a worker at an auto recycling yard in 2019.… Continue reading

Industrial manslaughter offence introduced for resources sector

By Martin Osborne and Amy Parry on May 21, 2020 Posted in Australia

Laws introducing the offence of industrial manslaughter in the resources sector were passed by Queensland Parliament on 20 May 2020.… Continue reading

Temporary variations to the Hospitality and Clerks modern awards in response to the COVID-19 pandemic

By David Cross, Martin Osborne, Bronwyn Hammond and Norah Chafardet on March 31, 2020 Posted in Australia, Coronavirus

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 … Continue reading

Coronavirus: An employment and WHS guide for the tourism and hospitality industry

By Martin Osborne, Amy Leonard and Matt Wichlinski on March 10, 2020 Posted in Asia Pacific, Australia, Coronavirus

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.… Continue reading

New annualised wage arrangements from 1 March 2020 – time to review and re-think?

By David Cross and Martin Osborne on February 27, 2020 Posted in Asia Pacific, Australia

As flagged in our recent post, “What to look out for in employment law in 2020”, new annualised wages clauses in 18 modern awards are in effect from 1 March 2020.… Continue reading

Keeping your finger(print) on the pulse: Employer’s warned of the risks associated with the collection of biometric data

By Martin Osborne and Matt Wichlinski on June 11, 2019 Posted in Asia Pacific, Australia, General

The everyday use of biometric technology in contemporary society is nothing new. We live in a world where we regularly use fingerprint recognition for home security, facial recognition to open our phones and voice recognition to ask Siri to spice up a party by playing the latest Taylor Swift tune. Despite the significant advancements and … Continue reading

Recent changes to Modern Awards – What employers should know

By Martin Osborne on December 5, 2018 Posted in Asia Pacific, Australia, General

As part of the Commission’s four-yearly review of modern awards[1], the Full Bench of the Fair Work Commission (FWC) recently handed down a number of decisions[2] which have the effect of inserting a model casual conversion clause (Model Clause) into 84 Modern Awards[3] from 1 October 2018. This provides “regular casual” employees the right to … Continue reading

FIFO worker engaged as a casual entitled to annual leave

By Martin Osborne and Amy Leonard on September 13, 2018 Posted in Asia Pacific, Australia

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 … Continue reading

Capture the (union’s) flag – Building contractors stuck between a rock and a hardhat regarding the display of building association insignia on building sites

By Martin Osborne on February 20, 2018 Posted in Asia Pacific, Australia

The Australian Building and Construction Commission (ABCC) has recently released further guidance material in relation to its interpretation of, and likely enforcement approach towards, the freedom of association provision within the Building Code 2013 (Code 2013) and Code for Tendering and Performance of Building Work 2016 (Code 2016). The freedom of association provisions within both … Continue reading

Anti-bullying laws and the boardroom

By Martin Osborne on June 4, 2017 Posted in Asia Pacific, Australia

Board members can occupy positions of high responsibility and power. A recent decision of the Fair Work Commission has shed light however on whether they may also fall under the category of ‘worker’ for the purposes of anti-bullying laws.… Continue reading