Key employment rate changes for 2021/22

On 1 July 2021, a number of employment related financial thresholds increased for the 2021/22 financial year including the 2.5 percent minimum wage increase as well as the new 10 percent compulsory superannuation rate which came into effect on 1 July 2021. For a summary of the new rates that came into effect on 1 July […]

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 featuring a worker in a health and safety poster. In 2019, the NSW Civil and Administrative Tribunal (the […]

Spotlight on Sexual Harassment

The issue of sexual harassment in the workplace has dominated media coverage for much of early 2021. The handling of Brittany Higgins’ sexual assault complaint has highlighted the need for employers to have effective processes for managing allegations of sexual harassment and assault. New sexual harassment laws are on their way as the Federal Government […]

COVID-19 – working from home considerations

business, city, sydney, self-represented

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 trend here to stay, and with many cities around Australia going in and out of lockdowns, employers need […]

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 principle is that when an employee is ready willing and able to work, they must be […]

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 implementation which will come to an end on 27 September 2021. These changes included a new definition of a casual […]

WorkPac Pty Ltd v Rossato [2021] HCA 23

The High Court upheld WorkPac’s challenge to the finding of the Full Court of the Federal Court which found that coal mineworker Robert Rossato was entitled to paid leave while engaged as a casual employee on consecutive contracts for almost four years.   In May 2020, in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato), the […]

News alert: Introduction of the Retail and Other Commercial Leases (COVID-19) Regulation 2021

14 July, 2021: The Government has introduced the Retail and Other Commercial Leases (COVID-19) Regulation 2021 (Regulations).   Commencing on 14 July 2021, the Government has introduced the Retail and Other Commercial Leases (COVID-19) Regulation 2021 (Regulations) preventing Landlords taking certain action during the prescribed period of 13 July 2021 and ending 20 August 2021 against tenants (under retail and commercial leases) that qualify for […]

Obligations of Decision Makers to disclose material relied upon

Medical Assessors and Review Panels rely on their specialist knowledge and expertise in reaching decisions. To the extent that decisions are informed by material that is not within common knowledge, what is the duty to inform the parties of reliance on that material and to permit an opportunity to respond? The Supreme Court recently considered […]