As of 1 January 2025, employers can face criminal charges for intentionally underpaying wages or entitlements. The new wage theft laws are part of the Closing Loopholes legislative changes, and include a significant amendment to the Fair Work Act 2009 (Cth) (FWA). This momentous shift follows the lodging of the Voluntary Small Business [...]
It’s that time of year again when work Christmas parties are being planned. The annual office Christmas party is an occasion to relax and celebrate the year’s accomplishments. However too often inappropriate behaviour fuelled by alcohol occurs which can lead to devastating consequences for employees and the employer alike. For the [...]
In late July 2024, the AAT held that pursuant to the Superannuation Guarantee (Administration) Act 1992 (“SG Act”), jockeys who raced at tracks owned by five race clubs between the period of 2009 to 2014 were employees of the clubs. The AAT found that due to a lack of evidence [...]
From 26 August 2024, changes to the Fair Work Act 2009 will occur in respect of independent contractors and unfair contract terms. In substance, these changes enable independent contractors who earn below the high income threshold to dispute unfair contract terms in the Fair Work Commission, offering a more efficient [...]
We refer to our previous update titled “New Reform giving employees the right to disconnect”. These changes have now commenced, effective 26 August 2024. Employees who are employed by a large business, which is defined as a business who employs more than 15 employees, will have the right to refuse [...]
Unfair Dismissal Employers should be aware of certain changes regarding the unfair dismissal provisions. For the unfair dismissal provisions to apply, assuming the employee has completed the minimum period of employment, the employee must: Earn less than the high-income threshold; or Be covered by a modern award or enterprise agreement. [...]
The Federal Court of Australia has found restaurant chain Din Tai Fung’s guilty of wage theft imposing fines of $4 million. The case was bought before the courts by the Fair Work Ombudsman (FWO) which secured the second highest penalties in its history. The Federal Court found that the fast food [...]
Is your business ready for the changes that will come into effect due to the Fair Work Legislation Closing Loopholes? Join us for a seminar as our Employment team discuss: Changes to the test for determining whether a worker is an employee or an independent contractor. Right to disconnect - A [...]
Managing a situation involving an employee suffering non-work related injuries can be challenging, and often difficult to navigate. It is widely misunderstood by employers that non-work related injuries automatically provide legal grounds to terminate an employee, however this is legally not the case. Employers have strict obligations they must adhere [...]
A new Bill, Closing Loopholes No 2, has passed Parliament on 12 February 2024, introducing new reforms allowing employees to disconnect outside work hours. The legislation has come about from a push by the Greens party to strengthen employees’ rights regarding their time away from work. What is an employee’s [...]
