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Paid Leave › Australia

K&L Gates LLP

Fair Work Act Changes - Important Changes Approaching

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In our recent alert, we set out some of the key upcoming changes in Australian employment law. Since then, there has been further progression as the Labor Government implements its workplace agenda. We have set out a...more

K&L Gates LLP

High Court Overturns Federal Court's Decision in Rossato: Casuals are Casuals Even When They Have Expectations of Continuing...

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The High Court of Australia has handed down a decision in WorkPac's challenge to a finding of a Full Court of the Federal Court of Australia that a coal mineworker, Robert Rossato, was not a casual worker and was entitled to...more

K&L Gates LLP

Changes to Casual Employment and Offsetting Arrangements Under The Fair Work Act

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The Morrison Government's first major workplace reform Bill was introduced into Federal Parliament on 9 December 2020 and has resulted in one significant reform to casual employment laws. The amendments will take effect...more

Epstein Becker & Green

Australia’s High Court Rules on How to Count Personal Leave Entitlement Under the Fair Work Act

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On August 13, 2020, 11 years after the enactment of the Fair Work Act 2009 (Cth) (the “FW Act”), Australian employers received guidance from the High Court regarding how to count the entitlement to “10 days” of personal leave...more

K&L Gates LLP

Full Court of Federal Court Revisits Moffet Decision – Independent Contractor Still Entitled to Superannuation

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The Full Court of the Federal Court of Australia has recently handed down its decision in Dental Corporation Pty Ltd v Moffet [2020] FCAFC 118. This decision again highlights potential risks, particularly with respect to...more

K&L Gates LLP

What's In A "Day"? – High Court Majority Overturns Mondelez Personal/Carer's Leave Decision

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A 4-1 majority of the High Court of Australia (with Gaegler J dissenting) has overturned the controversial Mondelez decision, confirming what has been the widespread understanding of the operation of personal/carer's leave...more

K&L Gates LLP

COVID-19: (Australia) Stand Down What Does it all Mean?

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*This information is accurate as of 11.00 am Wednesday 25 March 2020 and is subject to change as this situation evolves. Over the past two weeks we have assisted many of our clients in dealing with the heartbreaking reality...more

K&L Gates LLP

What is a "Day" When it Comes to Personal/Carers' Leave?

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The Full Court of the Federal Court has handed down its decision in the matter of Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing...more

Littler

Victoria, Australia Amends Long Service Leave Laws as of November 1, 2018

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Important amendments to Victoria’s long service leave (LSL) laws are taking effect on November 1, 2018 (Long Service Leave Act 2018 (2018 Act))....more

Littler

Littler Global Guide - Australia - Q3 2018

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Company Liable for Contract Worker’s Injuries - Precedential Decision by Judiciary or Regulatory Agency - On September 6, 2018, the NSW Supreme Court held that a company (Company A) that used a contracted labor hire...more

Littler

Australia: Federal Court Clarifies Rate Employers Must Pay for Untaken Annual Leave on Termination

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In a ruling focused on statutory interpretation, a full federal court bench recently confirmed that employers must pay out employees’ accrued but untaken annual leave upon termination at the rate the employees would have...more

K&L Gates LLP

Tightening the Belt on Paid Parental Leave – New Bill Proposed

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Employers may no longer be required to administer government funded parental leave payments to their employees with the introduction of the Federal Government's Fairer Paid Parental Leave Bill 2015 (Bill). The Bill also...more

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