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
Increases to minimum wages – Employers should review employee wage rates to avoid any risk of accidental underpayment
Australia’s national employment relations tribunal confirms updated Modern Awards will take effect from 2019