Workplace Relations & Safety Articles

KHQ News & Insights

Contractor found to be employee – Deliveroo loses unfair dismissal claim

Significant development in the evolving gig economy case law Yesterday’s decision by Commissioner Cambridge in Diego Franco v Deliveroo Australia Pty Ltd [2021] FWC 2818 has given the gig economy another good regulatory shake, after it was determined that a Deliveroo driver was an employee rather than an independent contractor.  The decision puts both sides … Read more

Superannuation update & common traps for contractors

Last week’s Federal budget confirmed that the long awaited increase to the superannuation guarantee will take place on 1 July 2021. From that date, compulsory employer superannuation contributions will increase to 10%. The last increase to the superannuation guarantee was on 1 July 2014 when the guarantee was increased from 9.25% to 9.5%. Our tax … Read more

Safety Update

In the midst of an ever-evolving regulatory landscape, you could be forgiven for missing important developments in workplace health and safety law. While we generally include safety updates in our quarterly Workplace Relations publications, given the rate of change in the WHS legal sphere, we have decided to publish a separate KHQ Safety Update. Our new Safety … Read more

Redundancy – Court rules on ‘ordinary and customary turnover of labour’ exception

In a significant decision, Rares and Collier JJ (with whom Rangiah J “broadly” agreed) have held in the case of Berkeley Challenge Pty Ltd v United Voice [2020] FCAFC 113 (Decision) (available here) that long-standing employees dismissed when long-standing contracts that had been the basis for the work that they were employed to do ended … Read more

Making reasonable Jobkeeper directions – employer lessons from TWU v Prosegur

The Full Bench of the Fair Work Commission upheld an appeal by the Transport Workers’ Union on Monday quashing an earlier decision of the Fair Work Commission that the employer Prosegur Australia Pty Limited’s Jobkeeper directions were reasonable. This decision provides the first Full Bench authority on the reasonableness test required by s. 789GK of … Read more

New workplace manslaughter criminal offences – are you ready?

Victorian businesses face new workplace manslaughter laws under the Occupational Health and Safety Act 2004 (Vic) commencing on 1 July 2020. We have been advising businesses and holding training sessions on these news laws to assist companies and their officers to understand and rectify any gaps where there may be potential exposure. Given the hefty … Read more