Workplace Relations & OHS

KHQ News & Insights

4 yearly review of Modern Awards – our Q2 update

By Michael Cochrane (Senior Associate), Josephine Mammone (Trainee Lawyer) and Stephanie Koumbarakos (Trainee Lawyer) There has been much discussion about the macroeconomic picture of our workplace relations system in recent times with the gig economy, “wage theft”, the ACTU’s “change the rules” campaign, enterprise bargaining trends – and of course that leadership circus in Canberra … Read more

De novo appeals against sentence to be removed

Having acted for corporate accused who have been exposed to the inefficiency and costs of running a plea twice (in the summary and then appellate jurisdiction) on the same evidence, material and submissions, the amendments proposed by the Justice Legislation Amendment (Unlawful Association and Criminal Appeals) Bill 2018 are welcome. Current position An appeal by … Read more

Out of the shadows – FWC representation

A recent ruling of the Fair Work Commission full bench in Ross Kennedy v Qantas Ground Services Pty Ltd [2018] FWCFB 4319 has cast some further light on the tough stance taken on legal representation in the “shadow lawyers” decision ruling last October ultimately finding that even larger employers which employ HR or in-house lawyers … Read more

Tough gig for workers

In May 2018, Greens MP, Adam Bandt introduced the Fair Work Amendment (Making Australia More Equal) Bill into parliament.  The bill is targeted at gig economy workers (also known as “sharing” economy workers), such as Ubereats drivers and Deliveroo bicycle riders. Currently, these workers are considered to be independent contractors rather than employees and as a … Read more

Property owner bears clean up cost

A recent case highlights the importance for property owners in ensuring they are aware of uses of their properties by lessees and take appropriate steps to deal with any residual issues once the lessee decides to move on. Background A holding company in Victoria leased property to a skip bin company that intended to use … Read more