Workplace Relations & Safety Articles

KHQ News & Insights

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

When a casual is still not a casual

Perhaps unsurprisingly to some, yesterday’s Full Federal Court decision of WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato) has delivered the same outcome as the landmark decision of WorkPac Pty Ltd v Skene [2018] FCAFC 131 (Skene). See here to read our previous Skene update. Rather than appealing the Full Court’s decision in Skene … Read more

Workplace Relations – COVID-19 FAQs

COVID-19 will cause significant disruption to your workforce, if it hasn’t already, and we have over the last few weeks been regularly speaking with many of you about particular challenges that are arising as the situation progresses. Managing the increasing levels of public anxiety alone requires strong leadership and clear messaging to maintain stability in … Read more

COVID-19: Have you reviewed your Business Continuity Planning?

In the face of the increasing concerns over coronavirus (COVID-19), many travel-exposed businesses (whether concerning customers, suppliers or staff) are urgently reviewing their Business Continuity Planning. We don’t want to be alarmist, but we thought we would provide some basic tips for those of you who do not necessarily think it may affect you – … Read more