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.
Today the Full Bench of the Fair Work Commission handed down its annual wage review decision.
As payroll tax provisions come under increased scrutiny by Revenue Offices, another case has provided clarity on how they should be interpreted.
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.
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  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).
Two Fair Work Commission in the last five weeks warn of the serious consequences of signing a false statutory declaration when applying for approval of an enterprise agreement.
The Legislative Council have this week passed legislation to regulate labour hire in Victoria. The Labour Hire Licencing Bill 2017 (Vic) was passed by 21 votes to 19, with minor amendments to be returned to the Legislative Assembly for endorsement.
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.
The Full Bench of the Fair Work Commission handed down an important decision on 26 March 2018, confirming that it will grant award covered employees an entitlement to unpaid family and domestic violence leave.
In a Fair Work Commission hearing in December 2017, Deputy President Val Gostencnik found that under Australian law, Uber drivers are independent contractors, and therefore ineligible for unfair dismissal protection.
The Fair Work Commission (FWC) has handed down two decisions which will have implications for employers from 1 July 2017: the annual wage review which determines minimum award rates and the transitional arrangements to roll out changes to penalty rates.
Employers in the building and construction industry will be well aware of the Code for the Tendering and Performance of Building Work 2016 (the 2016 Building Code) which commenced on 2 December 2016.
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.
As indicated in our article yesterday, the Fair Work Commission (FWC) has handed down its long-awaited decision on penalty rates applying on weekends, public holidays and late nights.
A small construction company has been ordered to pay penalties totalling $20,000 as a result of it sending text messages to workers, unlawfully stating they must be union members before commencing work on a construction site.
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.
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.
The Full Bench of the Fair Work Commission has confirmed that notices of employee representational rights given by an employer after the end of the 14 day period required by the Fair Work Act were invalid because of their lateness, and for that reason, the enterprise agreement they related to could not be approved.
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.
Each year the Fair Work Commission reviews minimum award pay rates for each classification in an award. The new rates apply from 1 July 2016.