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COVID-19 Employment HR Law

31 March, 2021

Get the “jab” – mandatory COVID-19 vaccination for employees?

With the COVID-19 vaccine rollout starting in Australia, organisations are considering whether or not they are able to mandate that their employees get vaccinated. The answer…it depends (noting that there is yet to be a decision by the Courts on this question). Employers, in directing employees to get vaccinated, will…

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Employment HR Law

23 March, 2021

IR Reforms: Stripped back to amendments to casual employment

Yesterday, the amended Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2021 (the “Bill”) passed Parliament, after the House of Representatives accepted the Senate’s amendments. The Bill, as introduced in Parliament in December 2020, has been reduced to include only changes to casual employment. These changes include: a…

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Employment HR Law

8 September, 2020

Are you ready for it? JobKeeper 2.0 and the changes to flexibility under the Fair Work Act

The Coronavirus Economic Response Package (JobKeeper Payments) Amendment Act 2020 (Act) received royal assent on 3 September 2020. We have set out the key changes to the Fair Work Act 2009 (Cth) (FW Act) for employers below. Legacy employers The changes allow “legacy employers” to issue JobKeeper enabling directions to eligible employees.…

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Employment HR Law

13 August, 2020

The calculation of personal leave has been ‘put to bed’ by the High Court

The High Court has determined that, for the purposes of paid personal/carer’s leave, a “day” means a “notional day”, consisting of 1/10th of an employee's ordinary hours of work in a two-week (fortnightly) period or 1/26th of the employee’s ordinary hours of work in a year. How does this work…

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Employment HR Law

30 July, 2020

FWC varies a JobKeeper enabling direction to an employee to reduce hours of work…but why?

The answer – because the employer “overplayed its hand”. Allan Jones (no, not that one) was issued a JobKeeper enabling direction by his employer, Live Events Australia Pty Ltd (Live Events). Live Events is in the business of broadcasting live events, including sport. Mr Jones is employed on a full-time…

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Employment HR Law

22 July, 2020

JobKeeper 2.0 – An extension of the JobKeeper payment, with some changes

Modified JobKeeper payment The JobKeeper payment, which was originally due to expire on 27 September 2020, will now continue until 28 March 2021. From 28 September 2020, the payment rate of $1,500 per fortnight for eligible employees and business participants will be reduced as set out below. 28 September…

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Employment HR Law

2 July, 2020

Fundamentals: Employment + Workplace Relations (2020/2021)

The Vincent Young Employment + Workplace Relations team has updated its Employment + Workplace Relations Guide to reflect the changes for this financial year. Download your copy below. If you would like to discuss this further and the implications for your business please contact our Employment +…

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Employment HR Law

23 June, 2020

National Minimum Wage and Modern Award Wages increase by 1.75%

Each year the Annual Wage Review is undertaken by an Expert Panel of the Fair Work Commission (Panel). National Minimum Wage This year, the Panel has determined to increase the National Minimum Wage (NMW) by 1.75%. From the first full pay period on or after 1 July 2020, the NMW…

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Contracts Employment HR Law

1 June, 2020

Is your casual workforce really casual? The answer might be no.

A recent decision by the Full Federal Court has found that an employee who was employed by a labour hire business as a casual and paid as a casual, was in fact “other than a casual employee” for the purposes of: section 86 of the Fair Work Act 2009 (Cth)…

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Employment HR Law

8 May, 2020

What JobKeeper disputes can the FWC can deal with?

Today, the Fair Work Commission (FWC) has ruled that it has jurisdiction to deal with a dispute about an employer’s practices in respect of the wage condition and minimum payment guarantee obligations that arise under the Fair Work Act 2009 (Cth) (FW Act) from the JobKeeper scheme. The FWC determined…

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