Viewing entries tagged
Jim Rutherford

Is a criminal record a valid reason for termination?

Is a criminal record a valid reason for termination?

Many employers seek to enforce a requirement that its employees, or prospective employees, maintain a “satisfactory” criminal record. However, recently an employer’s ability to enforce such a requirement by terminating employment, or even withdrawing offer of employment, has been put into question by the Australian Human Rights Commission and the Fair Work Commission.

Are your casual employees really casual?

Are your casual employees really casual?

In a controversial decision with potentially wide-reaching consequences, the Full Court of the Federal Court has upheld an earlier ruling that a labour hire employee who worked as a “casual” truck driver at Queensland coal mines on a regular basis over several years was not actually a casual employee for the purposes of the National Employment Standards, and was entitled to paid annual leave when his employment ended.

Accounting firm found liable by Federal Court for client’s underpayment of employees

Accounting firm found liable by Federal Court for client’s underpayment of employees

The Full Federal Court handed down a significant decision on 20 August 2018, finding that accessorial liability extends to advisors involved in underpayments. The matter of Ezy Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134 involved an appeal by Ezy Accounting (Ezy) against penalties imposed by the Federal Circuit Court for failure to advise their client of contraventions of the Fair Work Act (Act).

Minimum wage increase from 1 July 2018

Minimum wage increase from 1 July 2018

The Fair Work Commission (Commission) have today determined that it is appropriate to increase modern award minimum wages by 3.5 per cent, raising the national minimum wage to $24.30 a week. The new changes come into effect from 1 July 2018.

Change to enterprise bargaining procedure

Change to enterprise bargaining procedure

We have previously reminded employers that when negotiating an enterprise bargaining agreement the correct procedure must be followed or the Fair Work Commission (FWC) will reject the proposed agreement (see previous article here). If rejected, the bargaining process must begin again, wasting employers valuable time and resources.

Labour hirers and unfair dismissal

Labour hirers and unfair dismissal

Labour hire companies will take some comfort in a recent decision of the full bench of the Fair Work Commission in an unfair dismissal case.

Fair Work Commission calls for further submissions on penalty rates

Fair Work Commission calls for further submissions on penalty rates

Many in the community anxiously await the decision by the Fair Work Commission (FWC) on weekend penalty rates.  The Full Bench of the FWC recently issued further directions for further evidence to be adduced in order to assist it in coming to a decision.  That will mean a final decision will not be made for a number of months.

Cashing out annual leave

Cashing out annual leave

The Fair Work Commission has handed down a decision that will allow most employees to cash out some of their annual leave entitlements. These changes to modern awards apply from the first pay period on or after 29 July 2016.

Fair Work Commission research reports tabled

Fair Work Commission research reports tabled

Three Fair Work Commission General Manager reports were tabled in the House of Representatives this week. These reports presented research findings for the period May 2012–May 2015. Key findings of each report are as follows.

Labour hire companies: be alert not alarmed

Labour hire companies: be alert not alarmed

The Fair Work Commission (FWC) has found a labour hire company (the employer) unfairly dismissed an employee after the host employer told the employer it did not want the worker at its workplace.