When are additional hours “reasonable”?

The National Employment Standards state that an employer must not request or require a full-time employee to work more than 38 hours per week unless the additional hours are reasonable. Despite many employees regularly working more than 38 hours per week, there is little case law testing when additional hours are considered to be “reasonable”. Background In a recent case[1]…
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Paid leave for casuals: win for Victorian employees

The Victorian Labour Government has introduced a trial scheme providing paid leave entitlements to some casual workers. The scheme provides for personal or carer’s leave to casuals for up to 5 days per year, paid at the minimum wage rate. The current trial in Victoria is limited to employees in certain industries, such as hospitality, food, retail, care workers, cleaning…
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Fair Work Minimum Wage Increase Decision for 2022

The Fair Work Commission has released its 2022 Annual Minimum Wage Decision, awarding a 5.2% increase to the national minimum wage rate, and around 4.6% increase to award rates of pay. The FWC decision increases the national minimum wage to $812.60 per week – or $21.38 an hour. This constitutes an increase of $40 a week or $1.05 cents an hour.…
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Vaccination Requirements-Legal Update

Vaccination Requirements-Legal Update With the COVID pandemic still with us, we thought we would provide an update on legal challenges to the power of employers to introduce mandatory vaccinations. A number of claimants have sought to rely on the minority dissent of Fair Work Commission Deputy President Lyndall Dean in a FWC case 2021, to say that vaccination mandates are…
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Vaccination mandate not a dispute

The matter involved an application by 3 employees of a Melbourne Catholic School to the Fair Work Commission to hear a dispute about the COVID vaccination mandates under the dispute resolution clause in the enterprise agreement. The employees made an application under the Fair Work Act, which allows the Fair Work Commission to deal with disputes if they fall within…
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Written Contracts Reign

Earlier this year, the High Court published its decision in the Personnel Contracting case[1] setting out the principles around the primacy of a lawful written contract in determining the nature of an employment relationship. The High Court decision means that parties can rely on a written contract that clearly identifies the nature of the working relationship, and the parties’ mutual…
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