News & Analysis as of

Fair Work Act

What Do You Do When You're Paying Your Employees Too Much?

by K&L Gates LLP on

What does an employer do when it decides that it cannot afford to continue to employ an employee at his or her current remuneration? A recent case of the Fair Work Commission has determined that these circumstances do not...more

Ontario Government Announces Sweeping Employment and Labour Law Changes

On May 30, 2017, the Ontario government announced a plan to introduce legislation entitled “The Fair Workplaces, Better Jobs Act, 2017,” that, if enacted, could mean significant changes to several employment standards and...more

Can I Get That in Writing?

by K&L Gates LLP on

As an employer, you may be faced with an employee claiming that they have not received their legal entitlements. They may be claiming they worked more hours, have not received relevant overtime or penalty rates, or they are...more

Franchising Update

by K&L Gates LLP on

Many franchisors and other participants in the franchising sector are anticipating with concern the outcome of The Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 (Bill) which was introduced into the Federal...more

Penalty Goal

by K&L Gates LLP on

The full bench of the Fair Work Commission’s decision to reduce the penalty rates payable under awards covering employees in the Retail and Hospitality industries has sparked a furore of political and media...more

Monthly Update—Australian Labour & Employment - February 2017

by Jones Day on

MESSAGE FROM THE EDITOR - In this edition of the Update, we discuss two significant developments that are likely to have far-reaching impacts for employers and employees across Australia. First, we discuss the proposed...more

Things Aren't Always As They Seem

by K&L Gates LLP on

An Albury based restaurant and its sole director have been prosecuted by the Fair Work Ombudsman for conduct towards Australian and visa workers and deliberate actions to cover up blatant breaches of the Fair Work Act 2009...more

Strike Out! Redundancies Permitted After Strike Action

by K&L Gates LLP on

In August 2016, workers at Anglo Amercian's German Creek coal mine in Central Queensland engaged in a protracted period of industrial action during bargaining negotiations for a new enterprise agreement. In order for mining...more

NYC Council Introduces Suite of Worker Protection Bills, In Likely Sign of Things to Come

As we noted in an earlier post, the election of Donald J. Trump likely means that states and municipalities—and not the federal government—will lead the charge on worker-protection issues for the next four years. In this...more

They Are Unhappy Out There

by K&L Gates LLP on

Many workplaces are not happy and bullying at the workplace appears on the rise, so the November 2016 Psychosocial Safety Climate and Better Productivity in Australian Workplaces Report and the Bullying and Harassment in...more

Code Orange Moving to Green: New Building Code for Construction Sector

by K&L Gates LLP on

The passing of the Registered Organisations Bill on by the Senate on Tuesday 22 November 2016 and the passage of the Building and Construction Industry (Improving Productivity) Bill (ABCC Bill) on 30 November 2016 following...more

ABCC Law Changes Explained

by K&L Gates LLP on

Originally published in Australian Financial Review on November 23rd, 2016. In the next two weeks the Turnbull government will attempt to negotiate the passage of its industrial relations bills through the Parliament....more

Adverse Action Provisions Apply to NSW Government Entities!*

by K&L Gates LLP on

* Well, not really…but we got your attention! And the heading is not as misleading as you might think… Of course, the general protections provisions in the Fair Work Act 2009 (Cth) (FW Act), and in particular, the...more

Enough is enough - stopping bullying in the workplace in Australia

by Dentons on

Bullying at work has long been recognized as a problem. The potential negative consequences are endless, including risks to health and safety, adverse impacts on culture and morale, increased absenteeism and turnover, damage...more

How about the 'Service'? Does Casual Employment Count?

by K&L Gates LLP on

A recent decision of the Full Bench in AMWU v Donau Pty Ltd [2016] FWCFB 3075 (Donau) has held that a permanent employee's initial regular and systematic casual employment will now be included in their service period for...more

The widening net of accessorial liability in Australia

by Dentons on

The Fair Work Act 2009 (Cth) (the Act) is a principal piece of employment legislation in Australia. Among other things, it sets out minimum terms and conditions of employment (the "National Employment Standards"), prescribes...more

Take It or Leave It

by K&L Gates LLP on

Annual leave for many employees is not annual – they bank it, they don't have a rest from work and the leave liability of the employer grows. Other employees can't get enough and want to cut into future entitlements....more

Franchising Update

by K&L Gates LLP on

Franchising is set to undergo change following the Australian Federal election. The Senate Standing Committee on Education and Employment recently recommended further amendments to the Franchising Code of Conduct to allow...more

Full Federal Court Isolates Vague Notices and Tags Out Broad Stop Industrial Action Orders

by K&L Gates LLP on

A company is in protracted negotiations with its workforce and the union representing its employees in an effort to finalise a new enterprise agreement. The gridlock has had the consequence of employees organising themselves...more

Rolling the Dice on Industrial Relations: Can the Government Implement its Reform Package?

by K&L Gates LLP on

Your Excellency … I am able to advise that all conditions for a double dissolution have been met with respect to two parcels of legislation: the Building and Construction Industry (Improving Productivity) Bill 2013 and...more

Up We Go Again – Financial Threshold Increases Effective 1 July 2016

by K&L Gates LLP on

Employers should be alert to the threshold changes which come into effect on Friday 1 July 2016 when the 2016/17 financial year commences in Australia. Below we provide a summary of the changes and what they mean in...more

Are you on the right path with interns?

by Seyfarth Shaw LLP on

Scott Morrison’s first Federal Budget announced the creation of the ‘Youth Jobs PaTH’ (Prepare-Trial-Hire) program – a program designed to encourage up to 120,000 unemployed youth into the workforce through skills training...more

What lies beyond enterprise bargaining?

by Seyfarth Shaw LLP on

In 1993, the Keating government passed laws to move Australia towards a “system based primarily on bargaining at the workplace, with much less reliance on arbitration at the apex” (Laurie Brereton MP, Minister for Industrial...more

Employment Contract Taken To Task by Full Bench of the Fair Work Commission

by K&L Gates LLP on

Project contract goes out to tender. Contract is awarded. Contractor hires employees for contract work. Project comes to an end and contractor employees are terminated. It’s the circle of contractor life and a scenario we are...more

Roosters and Ducks: The High Court Rules on the Sham Contracting Provisions

by DLA Piper on

Sham contracting protections do extend to triangular arrangements where employees are purportedly engaged as independent contractors via a third party such as a labour hire provider. The High Court in Fair Work Ombudsman v...more

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