Employment Law

Paid family and domestic violence leave for small business owners

Legislation providing for paid family and domestic violence leave was passed by the Commonwealth Government in 2022.  The Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 (Cth) (Amending Act) amended the Fair Work Act 2009 (Cth) (Fair Work Act) to provide Australian workers with access to ten (10) days ofpaid family and domestic violence leave’ (Domestic Violence Leave) within a period of twelve (12) months.  This article sets out an update for employers to consider in relation to the Domestic Violence Leave. [Read more…]

Pay secrecy laws come into effect

On 2 December 2022, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) was passed by both houses of parliament.  The substantive parts of the Amending Act come into effect on 6 December 2022.  Whilst the Amending Act contained a multiplicity of provisions relating to things such as the abolishment of the Australian, Building and Construction Commission for example two (2) of the amendments that will impact most Australian employers are the new pay secrecy provisions, the obligations on advertising rates of pay and paid family and domestic violence leave   This article discusses pay secrecy laws and the advertising rates of pay. [Read more…]

Employers to provide for paid domestic violence leave

On 28 July 2022, the Federal Government introduced the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 (Amending Act) which was approved by the House of Representatives and the Senate and is now pending Royal Assent.  The Amending Act seeks to amend the Fair Work Act 2009 (Cth) (Fair Work Act) by creating an entitlement to ten (10) days paid family and domestic violence leave for “eligible employees”.

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Reforms to employee share schemes from 1 October 2022

Changes to the Corporations Act 2001 (Cth) (CA), contained within Schedule 4 to the Treasury Law Amendment (Cost of Living Support and Other Measures) Act 2022 (Cth)  (Act), will mean employees can more easily participate in employee share schemes (ESS).  This could help start-ups and cash poor businesses attract and retain employees who themselves will be able to share in the growth and success of their employers.[1]  The Act provides for this by removing the standard regulatory requirements for business offering shares and financial products to retail clients under the CA in certain circumstances.[2] [Read more…]

International companies can be bound by Australian privacy laws

The recent determination by the Australian Information Commissioner and Privacy Commissioner, Angele Falk, (Commissioner) in Commissioner Initiated Investigation into Uber Technologies, Inc. & Uber B.V. (Privacy) [2021] AICmr 34 (Uber) provides further guidance on the extraterritorial connection of the Privacy Act 1988 (Cth) (Act) though the ‘Australian link’ set out in subsections 5B(2)-(3) (Australian Link).  This article discusses how the Office of the Australian Information Commissioner (OIAC) will assess whether an entity has an Australian Link to legally bind international entities to the Act. [Read more…]

High Court clarifies meaning of casual employment

In WorkPac Pty Ltd v Rossato [2021] HCA 23 (WorkPac) the High Court has overturned the decision of the Full Federal Court and confirmed that a casual employee is an employee who does not have a firm advance to continuing and indefinite work.  Such employment has to be assessed with respect to written contractual obligations of the parties, rather than the entirety of the relationship based on the conduct of the parties. [Read more…]

Costs in unfair dismissal applications – part 4

Previous articles by Dundas Lawyers have looked at the difficulties confronted in obtaining a costs order against an unsuccessful party in an unfair dismissal application (Application).  To recap, section 611(1) of the Fair Work Act 2009 (Cth) (FWA) holds that a party to an Application, be it the complainant employee or the respondent employer, must bear its own costs in relation to a matter before the Fair Work Commission (FWC).  However, there are circumstances when the other side’s costs can be imposed on a party to an Application.  This article outlines these circumstances. [Read more…]

Costs in unfair dismissal applications – part 3

Previous articles by Dundas Lawyers have looked at the difficulties confronted in obtaining a costs order against an unsuccessful party in an unfair dismissal application (Application).  To recap, section 611(1) of the Fair Work Act 2009 (FWA) holds that a party to an Application, be it the complainant employee or the respondent employer, must bear its own costs in relation to a matter before the Fair Work Commission (FWC).  However, there are circumstances when the other side’s costs can be imposed on a party to an Application.  This article outlines these circumstances. [Read more…]

Changes for casual employment – employer’s responsibilites

Changes affecting employers of casual employees came into effect on 27 March 2021 following the Fair Work Amendment (Supporting Australia’s Jobs and Economy Recovery Act 2021 (Cth) (Amendment).  The apparent intention of the Amendment is to strengthen the position of regular casual employees and establish more onerous obligations for employers.  Employers need to be aware of these changes to ensure they are not in breach of their new obligations. [Read more…]

Costs in unfair dismissal applications – part 1

Being in business is hard work at the best of times; having to juggle the needs of customers, the demands of financiers and earning a dollar at the end of the day.  One of the most demanding aspects for many business owners is managing the performance of employees.  Given the industrial relations landscape in Australia, employers need to take care if wanting to terminate an employee because of misconduct or ongoing poor performance, lest they risk an unfair dismissal claim. [Read more…]

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