In a recent Fair Work Commission decision, the Full Bench held five days’ unpaid leave per annum would be provided to all award-covered employees (including casuals) experiencing family and domestic violence.

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”:

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.

In the landmark decision of Fair Work Ombudsman v Blue Impression Pty Ltd & Ors [2017] FCCA 810, the Federal Circuit Court has found that Melbourne accounting firm, Ezy Accounting 123 Pty Ltd (Ezy Accounting), was knowingly involved and accessorially liable for its client’s failure to pay its employees award rates of pay.

In the digital age, brands are increasingly making use of innovative marketing and advertising such as native or integrated advertising, social media accounts, bloggers and Instagram influencers. These strategies have been shown to increase audience engagement and brand awareness, and are an effective use of a marketing budget. 

The Fair Work Commission’s (FWC) long-awaited decision on penalty rates applying on weekends, public holidays and late nights has been handed down this morning.

The Coalition’s Bill to establish a dedicated Registered Organisations Commission (ROC) to monitor and regulate unions and employer organisations successfully passed through the Senate today, after previously being rejected twice by Parliament. 

The Full Bench of the Fair Work Commission (FWC) has issued yet another decision emphasising the incredibly strict approach taken to the enterprise agreement making rules.

The Fair Work Commission’s (FWC) long awaited decision on weekend penalty rates is unlikely to be handed down for months, after the Full Bench issued further directions in relation to adducing additional evidence in the matter.

The Fair Work Commission has recently issued a decision that will allow most employees to cash out some of their annual leave entitlements, based on altering the terms of modern awards. 

From 1 July, the national minimum wage will be increased by 2.4% (equating to an increase of $15.80 per week) and the new weekly minimum wage will be $672.70 (or $17.70 an hour) .

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.

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.

The Federal Court of Australia has granted a last minute application by the National Road Transport Association to stay the Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 (Order) for an unspecified period of time.

This month we bring you the latest newsletter from the Employment, Industrial Relations & OHS team, Employment Essentials.

Employment Essentials reports on topical issues in HR and brings you the latest updates in employment law. Plus much more.

If you would like further information, want to ask a question or subscribe to receive Employment Essentials via email, contact us at employmentessentials@sladen.com.au.

If you would like further information, want to ask a question or subscribe to receive Employment Essentials via email, contact us at employmentessentials@sladen.com.au

A Melbourne accounting firm is being prosecuted by the Fair Work Ombudsman (FWO) for its alleged involvement in the underpayment of two Taiwanese backpackers working for one of its clients, who operated a fast-food outlet.

The accounting firm provided payroll services for its client.

According to the FWO, the workers were paid a flat rate of $16.50 an hour, which was below the minimum hourly rate payable to the workers under the Fast Food Industry Award 2010 (Award). The workers were also not paid a casual loading or penalty rates when they worked on weekends, evenings and on public holidays. In just a little over 6 months, this resulted in an alleged underpayment of $9,549.

The Final Report by the Productivity Commission (PC) was released yesterday. As expected, the PC did not recommend a complete overhaul of the workplace relations system.

To help you navigate you through the silly season, the Employment, Industrial Relations & OHS team bring you this short yet comprehensive guide, Christmas Essentials.

Christmas Essentials will guide on what you need to know about public holiday trading, employing Christmas casual staff and avoiding the legal hangover from the office end-of-year party. 

Important amendments to the Fair Work Act 2009 have now come into effect, resulting in significant changes, particularly for employers.

Greenfields agreements - new process for negotiating

A new process for negotiating greenfields agreements has been established, whereby employers now have an obligation to bargain in good faith when involved in greenfields negotiations. This new process includes an optional six month negotiation timeframe. If the parties are unable to reach an agreement within six months, the employer may apply to the Fair Work Commission for a determination.

The Fair Work Commission (Commission) has upheld a company’s smoking ban following a challenge by the Construction, Forestry, Mining and Energy Union (CFMEU). Commissioner Tony Saunders held that the employer’s direction to ban smoking at its workplace, a complex which was comprised of two open cut mines and a coal handling and preparation plant (CHPP), was lawful and reasonable.

The ban meant that employees who wanted to smoke were required to drive 2.8km to the complex’s front gate to smoke.