Martin Osborne

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

Photo of David CrossPhoto of Martin OsborneBy David Cross, Martin Osborne, Bronwyn Hammond and Norah Chafardet on 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

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

Photo of Martin OsbornePhoto of Matt WichlinskiBy Martin Osborne and Matt Wichlinski on 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

Photo of Martin OsborneBy Martin Osborne on 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

Photo of Martin OsbornePhoto of Amy LeonardBy Martin Osborne and Amy Leonard on 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

Photo of Martin OsborneBy Martin Osborne on 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
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