Fair Work Commission increases minimum wage – is now the right time?

australian-money-stacked

Fair Work Commission increases minimum wage – is now the best time?The Fair Work Commission (FWC) has raised the minimum wage by 5.2% to $812.60 per week, and 4.6% for all full time and part time Award covered employees in a move touted as a step in the right direction by some, and harsh timing for small business by others.

Sacked for texting too much: What does the Fair Work ruling mean for you?

The Fair Work Commission has upheld the dismissal of a health and safety manager who was fired for sending too many personal text messages during work hours.  The Employer alleged that the employee was sending too many text messages from her work phone relating to her personal business while also managing the company’s health and […]

First Anti-Harassment Case Heard By FWC

harassment

On 24 December 2021, the Fair Work Commission (FWC) handed down the first decision following its expanded anti-sexual harassment jurisdiction (as outlined in our November 2021 update). The incident involved the complainant alleging bullying and sexual harassment by two workers from a neighbouring business in the same warehouse complex. Whilst the FWC could make orders […]

5 February 2022 – Deferral of Borders Reopening

defferal of border reopening

It appears that the Government has altered its original position from reopening the State’s hard border on 5 February 2022.  Notwithstanding the change of position, it is still recommended that employers take steps now to prepare for an inevitable spread of COVID-19 within the community, to minimise any disruption to its workforce and clients.  This […]

Dismissal of an Employee Due to Intellectual Property Theft

In September 2021, a former employee made a claim for unfair dismissal against Amplified AI (the Employer), with the matter proceeding to formal arbitration in the Fair Work Commission (FWC). The Employer discovered that the employee had made a design system available online, with remarkable similarities to one he was developing in his capacity as […]

Independent Contractor vs Employee, 2 Recent High Court Decisions

independent contractor and employee

In both Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] (Personnel) and ZG Operations Australia Pty Ltd v Jamsek [2022] (Jamsek), the High Court has re-visited the legal position of independent contractors and employees. In Personnel, the contract stated that the former employee had been a ‘self-employed contractor’. However, it […]

Covid-19 Safety Plan

It’s important to keep informed about the changing nature of Covid-19 and other workplace requirements. We’ve put together a helpful resource you can download. You can find additional information at Fair Work here: https://coronavirus.fairwork.gov.au/ ABC: WA eases mandatory COVID vaccination requirements for most workers as cases slow Download the Lotus Legal Covid-19 Safety Plan For […]

Employment Relations and HR Newsletter – December 2021

Written by: Natalie Knight and Cameron Bunney THE RELIGIOUS DISCRIMINATION BILL 2021 (CTH) On 23 November 2021, the Federal Government introduced the Religious Discrimination Bill 2021, the purpose of which is to provide protection from discrimination based on an individual’s religious beliefs or activity. The Bill makes provision for faith-based employers to discriminate against existing […]

Employment Relations and HR Newsletter – November 2021

Written by: Natalie Knight and Cameron Bunney ANNUAL WAGE REVIEW 2021 As part of the Annual Wage Review 2021 (the Review), the Fair Work Commission (FWC) announced a three-stage process to increasing the national minimum wage and all Award wages.  Most Awards increased on 1 July 2021, with the Retail Award then increasing on 1 […]