The Fair Work Commission (“FWC”) has proposed changes to the modern award covering IT professionals, engineers, scientists, gaming sector employees due to underpayment of overtime entitlements and excessive litigation associated with the same. The Association of Professional Engineers Scientists and Managers Australia (“APESMA”) have expressed concern over unrecorded overtime work for employees covered by the […]
The Fair Work Commission (“FWC”) has recently found that Ambulance Victoria (“the Employer”) lacked reasonable grounds for rejecting a paramedic’s flexibility request to work ‘bespoke’ night shifts so she could care for her three young children. Background Natasha Fyfe (“the Applicant”) is a young mum with three children and also an experienced Advance Life Support […]
Thank you to everyone who attended our Breakfast Seminar on Friday, 18th of November at the Four Seasons Hotel Sydney. We trust everyone enjoyed the breakfast and opportunity to mingle and network with other clients. Peter Hindeleh’s presentation covered the important distinctions between employment contracts and independent contractor agreements, which is of great importance to […]
Earlier this month, the ‘Secure Jobs, Better Pay’ bill (‘the Bill’) passed the lower house and proposes a number of landmark changes to the nation’s industrial relations laws. The Bill follows many of the suggestions emerging from the Jobs & Skills Summit in September and aims to boost wage growth and work toward gender equality […]
Background On 7 November 2022, the Fair Work Ombudsman (‘FWO’) secured a near-record penalty of $475,200 in court against operator of the 85 Degrees Cafe chain (‘the Company’) for taking advantage of young Taiwanese students under the guise of a purported internship arrangement. The students were aged between 20 and 22 at the time of […]
Introduction As Christmas draws nearer, so to do Christmas parties and other functions. Whilst hosting a work party of similar festive celebration can be a great way to reward employees, it can also be a source of anxiety for employers who are unsure of their obligations. Therefore, now is a crucial time to ensure that […]
Australia’s first industrial manslaughter conviction has been handed down since the new charge was legislated into the Work Health and Safety Act 2011 (QLD) (‘WHS Act’). Background In May 2019, Barry Willis (‘Mr Willis’) was struck by a forklift (‘the Incident’) while working at Brisbane Auto Recycling Pty Limited (‘the Company’) as an independent contractor. The incident […]
Have you reserved your spot yet for our up-coming Breakfast Seminar? Stevens & Associates Lawyers will be hosting our biannual Breakfast Seminar on Friday 18 November. The Seminar is a great opportunity to learn about current employment law issues that may affect you or your business and to mingle and network with other clients. Our […]
Introduction In light of the global pandemic and more employers adapting to a work from home approach, the need for clear policies, reporting lines and communication has never been so critical. Recent Fair Work Commission decision, discusses the harsh, unjust and unreasonable dismissal wherein the Applicant was awarded compensation due to a lack of transparency […]
Introduction Employers are now legally obligated to take ‘reasonable and proportionate measures’ to prevent workplace sexual harassment under new legislation introduced by the Labor Government. The new legislation is being implemented according to recommendations made by the Sex Discrimination Commissioner, Kate Jenkins’, Respect@Work report (“the Report”). Background The Report published in March 2020 revealed that 1 in […]