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
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 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: The Australian Federal Government has extended the JobKeeper Payment Scheme ("Scheme") with modifications for an additional six months, until 28 March 2021. The fortnightly flat rate subsidy of $1500 per...more
MESSAGE FROM THE EDITOR -
In this edition of the Update, we first report on new legislation passed in respect of modern slavery, review of Modern Awards and report on the introduction of domestic violence leave into the...more
2/4/2019
/ Australia ,
Corporate Social Responsibility ,
Domestic Violence ,
Fair Work Commission ,
Gig Economy ,
Hiring & Firing ,
Modern Slavery Act ,
Reporting Requirements ,
Supply Chain ,
Underpayment ,
Wage and Hour
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
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
3/21/2017
/ Australia ,
Corporate Counsel ,
Fair Work Act ,
Fair Work Commission ,
Fast-Food Industry ,
Franchisee ,
Franchisors ,
Hospitality Industry ,
International Labor Laws ,
Penalties ,
Pharmacies ,
Restaurant Industry ,
Retail Workers ,
Unpaid Overtime ,
Wage and Hour