On 1 November 2018, a new clause was inserted into 89 of the 122 modern awards. This new clause requires employers to make all termination payments to relevant award-covered employees within 7 days of their employment terminating. The change is now i...
Casual employees in the retail industry will be entitled to increased penalty rates, following a decision by the Full Bench of the Fair Work Commission (FWC) as part of its four-yearly review of the General Retail Industry Award 2010. Under...
The Full Bench of the Fair Work Commission has made an important ruling regarding the Small Business Fair Dismissal Code, confirming that small business employers must give their employees an opportunity to respond to a warning prior to their dismiss...
An accounting firm has failed to convince the Full Federal Court to overturn a finding that it was “involved in” its client’s breaches of workplace laws and was therefore itself taken to have contravened the relevant sections of the Fair Work Act...
The Fair Work Commission has introduced unpaid domestic violence leave into all industry and occupational awards, effective 1 August 2018. Subject to meeting evidentiary requirements, award-covered employees are now entitled to family and domestic v...
It is common to have ‘ipso facto’ clauses included in commercial contracts, so that a contracting party becomes automatically entitled to enforce its rights against the counterparty upon the occurrence of one or more events specified in the contract....
Fair Work Ombudsman v Yenida Pty Ltd & Anor [2017 FCCA 2299]; Fair Work Ombudsman v Yenida Pty Ltd & Anor [2018] FCCA 1342 A Tasmanian hotelier and his company have been fined $211,104 for rampant underpayments and deliberately expl...
Benjamin Gigney v Qantas Airways Limited T/A Qantas [2018] FWC 1352 A recent case in the Fair Work Commission has contemplated when a breach of a workplace conduct policy can justify dismissal. The case also makes it clear t...
United Voice v Berkeley Challenge Pty Limited [2018] FCA 224 The Federal Court of Australia has made an important ruling regarding an exception to make redundancy payments to employees under the Fair Work Act 2009 (Cth) (FW ...