Articles

The landscape is about to change for long-term casual employees in Australia.  As part of its review of Modern Awards, the Full Bench of the Fair Work Commission has decided that most Awards will need to include a ‘casual conversion clause’.

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Under the Work Health and Safety Act 2011 (NSW), every employer has a duty to eliminate risks to the health and safety of its employees.

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“In a liberal democracy, it is assumed that citizens, corporations and other organisations will comply with the law”, an exasperated Full Federal Court recently commented.

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Robust discussions and disagreements are part and parcel of decision-making, especially at senior levels and in the boardroom.  Yet, we all know that decision-making can also involve personalities and politics, and occasionally, things can get diffic…

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Fatigue at work is a very real issue and a big risk for employers if not properly managed.  But what control do employers have over what an employee does outside of work?  Why can’t workers be resourceful and have a second job?

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You’d have to be living under a rock to be oblivious to the 7-Eleven scandal involving the underpayment of migrant workers by dodgy franchisees.  And 7-Eleven isn’t the only employer to recently be caught up in underpayment scandals.

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Careful and constant management of injured and ill workers is a necessity in today's workplace.  But who has the courage, patience and time?

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It was a surprise when a Federal Government Minister recently criticised corporations on supporting same-sex marriage saying “it is unacceptable that people would use companies … to throw their weight around”.  Aren’t companies supposed to be good co…

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There are alternative ways to tackle employment conflicts, disputes and bad behaviour.  Believe it or not, it is not a case of having to "investigate" every complaint or incident!

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The Fair Work Ombudsman, Natalie James, has said that the Fair Work Ombudsman is “adventurously testing the limits of accessorial liability provisions”.  Last financial year the FWO sought orders against accessories in 46 out of 50 matters she filed…

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Last August we drew attention to a number of decisions that the minimum notice requirements under section 117 of the Fair Work Act displaced any entitlement to reasonable notice.[1]  Just a few weeks later, there was a decision to the contrary.  We h…

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Being alive in the age of social media is an exciting time.  We have the ability to connect with others in a way like never before.  We can engage in discussions on matters of national and social discourse at the touch of a button. There is a lot to…

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In 1936 the High Court of Australia described casual employment as intermittent or irregular work. It is fair to say that employment, and casual employment, has evolved since then; "Toto, I have a feeling we’re not in Kansas anymore".Employers breath…

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We are familiar with the long standing approach of industrial tribunals in determining whether an employee's dismissal was unfair.  You examine if there was a valid reason for dismissal, whether a fair process had been followed and look at the person…

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Back in April 2015 we asked whether NSW local councils might be “trading corporations” for the purposes of the Constitution, even though the Local Government Act says they are not corporations but are body politics of the State. We were commenting o…

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A company has been fined $100,000, and an individual director a further $24,000, for using an artificial triangular arrangement to avoid minimum entitlements under the Fair Work Act. The starting position is clear:  the Fair Work Act prohibits sham…

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Do I still get reasonable notice? That is a very good question, and until very recently we would have said, Yes! For those without an agreed period of notice for termination of their employment, the implied term of reasonable notice was a comforting…

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