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COVID-19

Employee or independent contractor? High Court provides guidance.

On Wednesday the High Court delivered two long awaited decisions on determining whether a worker is an employee or an independent contractor. The decisions in CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1 (CFMMEU v Personnel Contra...

Published by Tim McDonald
11 February, 2022
COVID-19

Case Law update: Vitality Works Australia Pty Ltd v Yelda (No 2) [2021] NSWCA 147

Sexual harassment in the workplace traditionally involves offensive or unwelcome behaviour of a sexual nature from a colleague or manager. However, in a more unusual decision, two companies were recently found liable for $200,000 in damages after fea...

Published by Tim McDonald
5 August, 2021
COVID-19

COVID-19 – working from home considerations

Many businesses were forced to quickly implement working from home arrangements in early 2020 in response to the COVID-19 outbreak. This accelerated an existing trend in many Australian workplaces towards hybrid and fully remote working. With this tr...

Published by Tim McDonald
5 August, 2021
COVID-19

COVID-19 – stand downs and other mechanisms to respond to lockdowns

Across Australia, many businesses have been forced to shut their doors due to public health orders in response to ongoing Delta outbreaks.  However other businesses have been able to remain open despite experiencing a downturn in trade. The ordinary ...

Published by Tim McDonald
5 August, 2021
COVID-19

Changes to Casual Employment – transitional period ending 27 September 2021

From 27 March 2021, a number of amendments to the Fair Work Act 2009 (the FWA) came into effect regarding the workplace entitlements and obligations of casual employees. The changes had a transitional period for implementat...

Published by McCabes News
5 August, 2021
COVID-19

Fair Work Commission 2021 annual wage review

The Fair Work Commission (FWC) has handed down the 2021 Annual Wage Review decision, granting a 2.5% increase to the national minimum wage and modern award minimum wages. The weekly national minimum wage (NMW) will ...

Published by Tim McDonald
16 June, 2021
COVID-19

Are your employees entitled to a pay rise from 1 November?

The second tranche of award rate increases for FY20/21 will commence from the first full pay period on or after 1 November 2020. Employers with employees covered by the modern awards affected by this change must ensure that they review pay rates to a...

Published by McCabes News
27 October, 2020
COVID-19

A ‘day’ is a “notional day” not a “working day”: High Court overturns Mondelez decision – employers breathe a sigh of relief

Yesterday the High Court of Australia handed down its much-anticipated leave decision of Mondelez,1 overturning the earlier decision of the Full Court of the Federal Court. The majority held in favour of Mondelez and Federal IR Minister Ch...

Published by McCabes News
14 August, 2020
COVID-19

ASIC calls employers to provide for ‘casual’ employee entitlements in reporting

In a move that has garnered concern from the employer groups and legal commentators alike, the Australian Securities and Investments Commission (ASIC) has recently released guidance that companies should now calculate how much may be...

Published by McCabes News
10 August, 2020
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