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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) (FW Act) – dealing with …
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Security of Payment update | absence of supporting statement not fatal

Since supporting statements were introduced into the Building and Construction Industry Security of Payment Act 1999 NSW (Act) a question has been whether a payment claim served without one (or with deficiencies in one) is still valid. The answer The Court of Appeal in TFM Epping Land Pty Ltd v Decon Australia Pty Ltd [2020] …
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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 that: At the time of …
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Variation to redundancy pay during COVID-19

Two recent Fair Work Commission (FWC) decisions provide guidance to employers about the approach to varying redundancy pay during the time of COVID-19. The key takeaways are: the FWC may encourage you to consider alternatives to the termination; the onus is on the employer to establish that it cannot pay the amount; and anticipation of …
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Downloading COVIDSafe…a note to employers

As restrictions around our mobility start to ease, we will likely see more and more employees return to the workplace. At the same time, the Federal Government is encouraging us all to download the tracing application “COVIDSafe”. While it may seem logical that employers have their employees download “COVIDSafe” as they return to workplaces, a …
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