News

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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Redundancy Guidance: other alternative employment

For employers seeking to understand their obligations around redundancy and redeployment, it is often difficult to determine what is “other acceptable employment” under the Fair Work Act. While each case will turn on its own facts, a recent decision of the Fair Work Commission highlights some of the issues around this question. Background: The employee was a car salesperson with…
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Federal Budget Outlines Changes Affecting Employers and Workers

The Federal Budget for 2022-2023 revealed on 29 March 2022 has outlined changes to a number of areas affecting businesses and their workers, including possible amendments to the NES. The Budget includes the following plans: A significant increase in funding for skills training, along with tax incentives for small businesses (with up to $50m turnover) to train and upskill employees…
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Vaccination Requirements-Legal Update

Whilst there have not been many wins for employees disputing the legality of COVID vaccination policies, there are 2 decisions which highlight the importance of process that should be considered when implementing policies. The first decision involved an employer and employee in Western Australia where the State government has implemented health orders. The employee in this case argued that the…
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[email protected]: What Employers Need to Know

On 11 September 2021 a number of legislative changes were implemented to address the findings and recommendations of the Sex Discrimination Commissioner following the National Inquiry into sexual harassment in Australian workplaces. Summary of Changes The major changes introduced are: Up to two days of compassionate leave for women and their partners who experience a miscarriage Interns, volunteers and self-employed…
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