Jasmine O'Brien

Will employment laws change after the election?

Will employment laws change after the election?

A Federal Election is anticipated in the first half of this year. If current opinion polls are to be believed there is a real possibility that the Government will change, which is likely to result in industrial relations reform. 

Sladen Snippet - Fair Work Commission holds that implying that a supervisor is overweight is a valid reason for dismissal.

Sladen Snippet - Fair Work Commission holds that implying that a supervisor is overweight is a valid reason for dismissal.

Temperature regulation in the office can be a source of frustration for employees, with it being near impossible for the thermostat to maintain a temperature that suits everyone.

Sladen Snippet - Employer lawfully terminates employee who was victim of domestic violence after going ‘above and beyond’ to assist

Sladen Snippet - Employer lawfully terminates employee who was victim of domestic violence after going ‘above and beyond’ to assist

In a recent Fair Work Commission decision, Commissioner David Gregory held that Champions IGA lawfully terminated the employment of an employee who was subject to domestic violence.  

Sladen Snippet - Amendment to National Employment Standards includes five days’ unpaid domestic violence leave

Sladen Snippet - Amendment to National Employment Standards includes five days’ unpaid domestic violence leave

Unpaid family and domestic violence leave have been enshrined in Australian law, with almost all Australian employees now having access to five days’ unpaid family and domestic violence leave each year.

Sladen Snippet - Minimum wage increase of 3.5 per cent as of 1 July 2018

Sladen Snippet - Minimum wage increase of 3.5 per cent as of 1 July 2018

Today, the Expert Panel for annual wage reviews (Panel) of the Fair Work Commission (Commission) has held that it is appropriate to increase the modern award minimum wages by 3.5 per cent. The national minimum wage (NMW) will now be $719.20 per week (that is, $18.93 per hour). The determinations and order giving effect to the Panel’s decision will come into operation on 1 July 2018.

Uber Drivers Contractors for Now, but Deputy President Contemplates Changes to Test

Uber Drivers Contractors for Now, but Deputy President Contemplates Changes to Test

In a recent Fair Work Commission decision, Deputy President Val Gostencnik found that under Australian law, Uber drivers are independent contractors, and therefore ineligible for unfair dismissal protection.  However, DP Gostencnik commented that due to the increasing “gig economy”:

Fair Work Commission hands down Annual Wage Review Decision and Penalty Rates Transitional Arrangements Decision

Fair Work Commission hands down Annual Wage Review Decision and Penalty Rates Transitional Arrangements Decision

The Fair Work Commission (FWC) has just handed down 2 significant decisions, namely the Annual Wage Review decision and the rollout of the decision to reduce Sunday and Public Holiday penalty rates in select awards. These decisions will have implications for employers from 1 July 2017.

Win/Lose - Tribunal axed but ABCC bill defeated

Win/Lose - Tribunal axed but ABCC bill defeated

The Federal Government has succeeded in abolishing the Road Safety Remuneration Tribunal (RSRT) after the Senate voted last night to approve the legislation that repeals the Road Safety Remuneration Act 2012. The legislation passed the Senate without the support of Labor or the Greens – with all but one cross-bencher siding with the Federal Government.

Update on Contractor Driver Minimum Rates Order – Stay Overturned

Update on Contractor Driver Minimum Rates Order – Stay Overturned

Further to our Snippet on Monday, the Federal Court has now lifted the stay on the Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 (Order).

The Full Federal Court dismissed NatRoad’s application for a stay pending the hearing of its substantive application as to whether the Road Safety Remuneration Tribunal made legal errors in rejecting industry calls to defer the commencement date of the Order. The substantive application is set down to be heard on 9 and 10 May 2016.