New changes to the Legal Services Award 2010 will have significant implications for graduate lawyers, law clerks, and clerical and administrative employees in law firms who receive an annualised salary. These changes will require employers to keep records of the hours worked by these employees in order to ensure that the employees are not disadvantaged under an annualised salary compared to what they would have received under the Award rate. This will ensure greater transparency and accountability for employees and marks a shift away from graduate lawyers being required to work long ‘reasonable additional hours’ without overtime pay
The Federal and Victorian lower house have both passed noteworthy Bills that mark significant changes to the employment law space. The first bill tightens the laws around unions by expanding the situations in which a person may be disqualified from office of a registered organisation, and expanding the grounds under which the registration of a registered organisation can be cancelled. The second bill establishes obligations for public sector employers in the State of Victoria to take positive action towards achieving gender equality and creates the role of a Public Service Gender Equality Commissioner. Both Bills have yet to pass the respective upper houses
Date: Monday, 2 March 2020
• 9 a.m CET / 5 p.m Japan Standard Time / 4 p.m China Time
• 6 p.m CET / 9 a.m Pacific Standard Time / noon Eastern Time
Employers are confronted with numerous legal issues as they address Coronavirus travel restrictions and consider health and safety measures to protect their workforce. In this webinar we will address legal risks and best practices relating to the Coronavirus, from the perspectives of employment law, health and safety, data privacy, and discrimination/human rights in the US, Europe and China.
We invite you to view the final presentation of this webinar by clicking on the icon below:
- Verena Braeckeler-Kogel (Pusch Wahlig Workplace Law in Germany)
- Matt Harrop (Clyde & Co in United Kingdom)
- Frédéric-Guillaume Laprévote (Flichy Grangé in France)
- Katharine Weber (Jackson Lewis in USA)
- Ying Zhao (Zhong Lun in China)
Date and time:
March 2, 2020 9:00 am - 8:00 pm (CEST)
The Federal Government has released a second draft of its Religious Discrimination Bill 2019 (Cth), following widespread criticism of the first draft. If passed, the Bill will add religion as a protected attribute in a wide range of areas of public life, including employment, and may have serious implications on employers and employees. Amongst other things, the Bill provides that religious statements of belief do not constitute discrimination for the purposes of any of the currently protected attributes (age, sex, sexual orientation, race, marital status and disability), provided they are not malicious and are not likely to harass, vilify or incite hatred or violence against another person or group of persons
Date: Thursday 13 February 2020 – 12.30 – 1.30pm AEDT
If your employees are covered by a modern award and you are already paying (or considering paying) your employees an annualised salary, your business will be impacted by the recent amendments to annualised salary clauses in modern awards, which will take effect from 1 March 2020.
The Fair Work Commission’s decision to amend annualised salary clauses will affect over 20 modern awards, including 3 modern awards which did not previously contain an annualised salary clause. The changes to annualised salary clauses will significantly increase the obligations on employers in relation to record keeping and annual reconciliations. Accordingly, it is imperative that your business has the appropriate systems in place prior to 1 March 2020.
- the modern awards that are affected by the change, and how the changes vary between awards;
- what practical steps your business should take in order to best manage the changes;
- the importance of accurate reconciliations and record keeping;
- how to ensure your contracts of employment meet the rquirements;
- the extent to which your business can offer employees flexibility; and
- the impact on high income earners.
- Emma Pritchard, Executive Counsel & Team Leader
- Jenny Inness, Executive Counsel & Team Leader
Date and time:
February 13, 2020 12:30 pm - 1:30 pm (AEST)
The Federal Court of Australia has applied the common law course of conduct principle (where contraventions committed by the same person arose from a single course of conduct can result in a single penalty) to multiple contraventions by the Construction, Forestry, Maritime, Mining and Energy Union, in both organising and being involved in industrial action in two separate locations (different Australian States), on the basis that it was one concerted industrial campaign against a shipping terminal operator’s proposed redundancies, and therefore should not involve “double punishment”
Australian residents are not required to pay tax on the first $18,200 of their income (a “tax free threshold”). Under provisions colloquially known as the “Backpacker Tax”, those on a working holiday visa were taxed on all their income, including the first $18,200. The Federal Court of Australia has found that a British backpacker who was in Australia on a working holiday visa, was a “resident” under the relevant tax legislation and that the “Backpacker Tax” was discriminatory in contravention of the international double tax agreement between the UK and Australia because it attempted to tax foreign workers in the same circumstances as an Australian resident at a higher tax rate
The Federal Court of Australia has upheld an appeal from the Industrial Magistrates Court of Western Australia, finding that an employer had failed to disprove underpayment allegations made by a pair of former visa workers that it had employed
The majority of the Full Federal Court of Australia has held for the purposes of section 96(1) of the Fair Work Act (Cth), that a “day” of paid personal/carers leave refers to a day of ordinary hours worked and not a notional day of 7.6 hours
The Fair Work Commission has reduced to zero the compensation payable to a solicitor, found to have been unfairly dismissed from a criminal law firm, following revelations that the solicitor had misused the firm’s confidential information during and subsequent to his employment