Employment Law Blog & News
Changes for Pieceworkers in the Horticulture Award
Amendments to the Horticulture Award came into effect from the first full pay period on or after 28 April 2022, following a decision of the FWC which you can read here. Employees under this Award are able to receive payment for their work based on the number of...
Annual Salary Rule Changes for the Health Professionals & Support Services Award
The Fair Work Commission (‘FWC’) has recently handed down a decision that makes significant changes to the rules regarding paying employees annual salaries in the Health Professionals and Support Services Award 2020. The changes take effect on 9 May 2022. What...
Significant Changes to Annual Salary Provisions in the Restaurant & Hospitality Awards
The Fair Work Commission (‘FWC’) has recently handed down a significant decision which will change the way that annual salaries operate in the Restaurant and Hospitality Awards. The changes will come into effect on 1 September 2022. Under both awards there is...
No employment contract? Beware of “reasonable notice” of termination
Despite the fact that there is no legal requirement for employers and employees to enter into a written employment contract, the importance of doing so can not be overstated. As the recent decision of the court in Ostle v Wilson Mining Pty Ltd [2022] FedCFamC2G...
No Unfair Dismissal for Sacking Due to Inappropriate Social Media Posts
The Fair Work Commission has recently upheld the dismissal of an employee of the Australian Council of Trade Unions (the ACTU), who had been dismissed based on inappropriate posts he had made on Facebook. The posts included expressions of the employee’s support for...
Can Employees Access Personal Leave When Unable to Work due to a Public Health Order?
A recent decision of the Fair Work Commission has shone a light on a matter that a number of employers have been grappling with. If there is a public health order/direction in place which requires an employee to be vaccinated for COVID-19 in order to perform work, can...
Change to Independent Contractor vs Employee Test
In Australia, a business generally has two choices about how it can engage someone to perform work for paid work for it. One option is to engage them as an employee. The other is to engage them as a contractor. But what’s the difference and why does it matter? In a...
Changes to Minimum Engagement Periods in SCHADS Award
Following a number of recent decisions by the Fair Work Commission, significant changes are coming to the Social, Community, Home Care, and Disability Services Industry Award 2010 (the SCHADS Award) from 1 July 2022. We will be providing full details of the changes...
Lack of Consultation Meant Mandatory Vaccination Policy was Unlawful
On Friday 3 December 2021 the Fair Work Commission (‘FWC’) handed down an important decision concerning the ability of employers to introduce mandatory vaccination policies for employees. In summary, the FWC’s comments support the view that it is possible for...
Stop Sexual Harassment Orders are now law
From 11 November 2021, the Fair Work Commission now has new powers to make “stop sexual harassment orders” against employers and co-workers. This is an extension of the FWC’s existing powers to make stop bullying orders and is found in section 789FF(1) of the Fair...
Keep in Touch
Sign up to receive newsletters from EI Legal and Employment Innovations, and to receive invitations to webinars and events