Purchase of Property and the Fair Work Act
By Ben Schefe We are currently assisting a client with the purchase of a building that has led to some unintended consequences relating to the transfer of business provisions in the Fair Work Act 2009 (Cth) (“FWA”). Relevant Background A brief summary of the relevant background is as follows: Relevant Provisions of FWA In summary, […]
Important Changes to the Fair Work Act
By Ben Schefe On 6 December 2022, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 became law in Australia. You may also be aware that on 12 December 2022 the Anti‑Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 became law in Australia. This legislation has made a significant change […]
Employee v Contractor: Are your contracts iron clad?
By Ben Schefe A common issue that continues to arise is how businesses classify their workers – ie are the workers independent contractors or employees? There have been two recent decisions handed down by the High Court that confirm how critical a written contract is when determining whether a worker is an employee or an […]
The alignment of statute and common law: defining a casual employee
On 27 March 2021 the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery Act 2021 (Cth) (“Amending Legislation”) amended the Fair Work Act 2009 (Cth) (“FWA”) and inserted a definition of “casual employee”. This new definition provides that a person’s status as a casual employee is determined at the beginning of the employment relationship, […]
THE IMPORTANCE OF PAYING CORRECT WAGES AND SUPERANNUATION
THE IMPORTANCE OF PAYING CORRECT WAGES AND SUPERANNUATION In some recent examples, discussed below, the Fair Work Ombudsman (FWO) has shown that ensuring that employers comply with their obligation to pay staff at their correct statutory rates, is a focus now, and will continue to be a focus into 2021. Recently, as a result of […]
Are your casual employees really casual? The importance of correctly defining employment
Casual employees are usually employees who do not have regular hours of work and do not have a guarantee of continued work. They also do not receive the same annual leave and personal leave entitlements (and other entitlements) that full time and part time employees receive. Instead of receiving these entitlements, casual employees receive a […]
