The Federal Circuit Court of Australia recently ruled that two company directors were personally liable as accessories to the corporate respondents’ contraventions because they were “involved”, within the meaning of section 550 of the Fair Work Act 2009 (Cth) (FW Act), in the underpayment of employees. The two directors were “involved” because, despite the fact that they relied on others to perform day to day human resources functions, they knew the employees were not being paid their wages or salaries as they should have been. The question of penalties payable by the two directors is yet to be determined. This decision serves as a timely reminder of the potential personal liability that managers can face with contraventions to Australia’s workplace relations laws
The Federal Court of Australia has ruled that an employer cannot require an employee to work a “split-shift” under the Airline Operations – Ground Staff Award 2010. In doing so, the Federal Court has also held that rostering an employee on for more than one period of paid work within a 24-hour period impermissibly constituted a split-shift under the Award
On 12 December 2018, the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 (Act) came into effect.
The Federal Court of Australia has held that a global payments management company engaged in adverse action against a client executive “because of” his mental disability, when it dismissed him for reasons that included “serious concerns about [his] capacity to return to work” whilst he was on sick leave for work stress and depression.
The Federal Circuit Court of Australia has held that an account manager was entitled to overtime and weekend penalty rates despite being paid an annualised salary that exceeded the corresponding minimum rate of pay prescribed under the relevant Modern Award.
A Federal Court Judge has stated that the provision of a minimum period of notice under section 117 of the Fair Work Act 2009 (Cth) does not proscribe the implication of a term of reasonable notice into a contract of employment, responding to recent decisions to the contrary.
The Full Court of the Federal Court has unanimously ruled that casuals, who are employed on a “regular and predictable” and “continuous” basis, are entitled to annual leave under the Fair Work Act 2009 (Cth). This was despite true casual rates incorporating a loading to compensate for non-receipt of annual leave under the Act
The Modern Slavery Act 2018 (NSW) passed through New South Wales Parliament on 21 June 2018 and will commence at a date to be announced
From 1 August 2018 onwards, employees covered by an industry or occupation-based Modern Award will be entitled to five days of unpaid “family and domestic violence leave” per year
Increases to the high-income threshold – Australian-based employees who earn more than a fixed maximum cap, and to whom neither a Modern Award or Enterprise Agreement applies, are not generally protected by the ‘unfair dismissal’ provisions of the Fair Work Act 2009 (Cth). The quantum of this cap was adjusted as 1 July