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Corporate law developments
Welcome to our monthly snapshot of regulatory updates and other developments in corporate law We know you are busy so our focus is on capturing key issues ...
Does casuals' service count for redundancy pay purposes?
A Full Bench of the Fair Work Commission has again considered the issue of whether prior service as a casual or seasonal worker counts as service when calculating redundancy pay, and found that such prior service need not be recognised. ...
The Workpac decision – are your casuals really casual?
The Full Federal Court in WorkPac Pty Ltd v Skene [2018] recently decided that a casual fly-in fly-out labour hire worker was not really a casual and was therefore entitled to annual leave. ...
Farm operator guilty after fatal dingo chase
The NSW District Court decided that a farm operator was guilty of failing to provide a safe work environment after a worker died chasing a dingo. Senior Associate Tegan Ayling and Lawyer James Daniel report. ...
Defective IFA survives to defeat underpayment claim
The FCC rejected a truck driver's underpayment claim, finding that the terms of an individual flexibility arrangement applied to his employment, despite it not complying with the relevant legal requirements. ...
Federal Court rules on employer's power to require reasonable overtime
In considering the terms of an enterprise agreement allowing an employer to require reasonable overtime, the Full Federal Court decided that the employer's increase in the number of overtime hours could constitute a breach of the agreement ...
Update on unpaid family and domestic violence leave, and flexible working arrangements
Since December 2018, all employees are entitled to unpaid family and domestic violence leave under the NES. Employers should also be aware of the new modern award requirements to discuss flexible working arrangements with employees. Senior Associate Tegan Ayling reports. ...
Coming on board with a criminal record
The Australian Human Rights Commission decided that a New South Wales company discriminated against a prospective employee by rescinding an offer of employment after discovering her criminal record. ...
FWC inserts burdensome annualised wage clauses in modern awards
The Fair Work Commission (the FWC) has decided that new annualised wages clauses will be inserted in 19 modern awards, impacting how employers administer annual salary arrangements for their award-covered employees. ...
Highly paid employee covered by modern award and protected from unfair dismissal
A recent FWC decision is a reminder to employers that employees who earn more than the high income threshold can still be eligible to bring unfair dismissal claims if they are covered by a modern award. ...