Recent amendments to the Fair Work Act 2009 (Cth) establishing a new "whole-of-relationship test" increase the likelihood that Australian businesses will face claims of "sham contracting" by misclassifying employees as...more
12/19/2024
/ Australia ,
Employees ,
Employer Liability Issues ,
Fair Work Act ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
International Labor Laws ,
Labor Reform ,
Misclassification ,
New Amendments ,
Wage and Hour
In the wake of recent government inquiries into alleged bullying and harassment, including sexual harassment, in Australian workplaces, Australian legislatures and work health and safety regulators have become increasingly...more
On 9 February 2022, the Australian High Court heard two appeals together—Construction, Forestry, Maritime, Mining and Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 ("Personnel") and ZG Operations Australia...more
3/3/2022
/ Australia ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
International Labor Laws ,
Labor Reform ,
Misclassification ,
Wage and Hour
The Western Australian Government has introduced a mandatory COVID-19 vaccination policy across three groups of industries and occupations, which covers up to 75% of the State's workforce. ...more
11/19/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Essential Workers ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
The Situation: The Federal Government has published its highly anticipated reform package to Australia's industrial relations ("IR") framework. While less ambitious than some had expected, the Fair Work Amendment (Supporting...more
The Situation: In 2016, a helicopter pilot died after he fell into a hidden ice crevasse in Antarctica. At the Coronial inquest, the coroner issued a subpoena requiring the chief pilot of the helicopter company to give...more
Sweeping changes to corporate whistleblowing laws in Australia came into effect on 1 July 2019. The reforms provide for a range of additional protections to eligible whistleblowers, including a right of...more
7/24/2019
/ Anonymity ,
Australia ,
Corporate Counsel ,
Disclosure Requirements ,
Dodd-Frank ,
Employer Liability Issues ,
New Legislation ,
Private Sector ,
Protected Disclosures ,
Retaliation ,
Risk Mitigation ,
Securities and Exchange Commission (SEC) ,
Whistleblower Protection Policies
The Situation: It is relatively uncommon in Australia for workers or employees to bring class actions against their employers in which they allege sham contracting arrangements.
The Development: Four class actions, which...more
MESSAGE FROM THE EDITOR -
In this edition of the Update, we comment on the Labour Hire Licensing Act 2017 (Qld), which was recently implemented in Queensland and obliges labour hire providers to be licensed...more
MESSAGE FROM THE EDITOR -
In this edition of the Update, we report on the exposure draft of the Treasury Laws Amendment (Taxation and Superannuation Guarantee Integrity Measures) Bill 2018. We then consider a decision of...more
2/7/2018
/ Australia ,
Back Pay ,
Employer Liability Issues ,
Fair Work Act ,
Fair Work Commission ,
Fast-Food Industry ,
High Court of Australia ,
International Labor Laws ,
Internships ,
Proposed Legislation ,
Superannuation ,
Superfund ,
Underpayment ,
Union Representatives ,
Unions ,
Wage and Hour
MESSAGE FROM THE EDITOR -
In this edition of the Update, we report on Woolworths' commitment to identify and address human rights risks in its Australian supply chains. We then discuss a class action expected to be lodged...more