The last two years has seen multiple rounds of changes to employment, industrial and safety laws at federal and state level in Australia....more
Under amendments to the Fair Work Act 2009, employees in Australia are being given a new “right to disconnect” from the workplace outside of normal working hours. Under the new law, employees may refuse contact, including...more
Almost eight years ago, we wrote about some lessons that could be taken from The Simpsons episode ‘King-Size Homer’ (first broadcast in 1995). You will remember that Homer is so lazy that he sets up a “drinking bird” to...more
It is worth noting that under the original timetable of the Hon Tony Burke MP for the Closing Loopholes Bill, it would have been passed as law this week....more
On 21 May 2022, the Australian Federal Government changed with the election of the Australian Labour Party. During the election campaign, the new government proposed to conduct a summit to bring together employer, business,...more
Common Law Term of Reasonable Notice Not Displaced by Statutory Minimum Notice Period - Precedential Decision by Judiciary or Regulatory Agency - In a recent decision, the Federal Circuit Court held that the common law...more
The original idea A worker stands at the gates of the docks hoping for work. The boss approaches the fence separating dozens of huge containers from those milling outside wanting to unload them. ...more
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
A consistent theme in recent years for both employers and unions is that enterprise bargaining is broken. The genesis of enterprise bargaining in the mid 1990’s lay in its potential to generate productivity gains at a time...more
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 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
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
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
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
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