Employment Law Blog & News
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...
Employee unfairly dismissed for temporary absence due to injury
A recent decision of the Fair Work Commission highlights the care employers need to take when dismissing employees for reason of illness or injury. Unfair dismissal or general protections? One of the interesting parts of the Fair Work Commission’s decision is...
Minimum Wages Increase on 1 November 2021
A number of modern awards will have the minimum wages contained within them increased by 2.5% as of 1 November 2021, with employers covered by the awards having to comply with the increases on their first full pay period which falls on or after 1 November 2021. The...
Real Estate Business Fails to Stop Former Employees Competing
On 23 September 2021, the Supreme Court of New South Wales handed down a decision in the case of Shire Real Estate Pty Limited v Kersten [2021] NSWSC 1255. The case concerned a McGrath Real Estate franchisee in Southern Sydney seeking to restrain six of its former...
New Modern Award for On Demand Delivery Drivers?
At present, many food delivery companies (such as UberEats and Menulog) are currently engaging their delivery drivers as independent contractors. However, Menulog is looking to change this setup and has made an application with the Fair Work Commission for a new...
Sexual Harassment and Miscarriage Leave Changes now in Effect
On 10 September 2021 the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (‘the Respect at Work Act’) came into effect after receiving royal assent. The Respect at Work Act has introduced changes to 3 separate pieces of existing legislation...
COVID-19: Recent Developments for Workplaces
Over the last few weeks both the NSW Government and the Federal Government have introduced a number of measures relating to combatting COVID-19 in the workplace. In this article we explain some of the key recent developments. Employees and NSW Areas of Concern...
FWO Updates Guidance on Mandatory Vaccinations, Uncertainty Remains
Last week, the Fair Work Ombudsman updated its guidance on COVID vaccinations in the workplace, including the question of whether employers can make vaccinations mandatory. The guidance includes both the following phrases: “While the Australian Government’s policy is...
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