Workplace Relations & Safety

KHQ News & Insights

IT company’s termination based on “vague” task list ruled unlawful

A recent unfair dismissal decision of the Fair Work Commission highlights that it is never enough to merely establish that an employer had a reasonable belief that a performance-based termination was for a “valid reason”. Rather, the Commission still needs to make a finding on the balance of probabilities that the performance was, in fact, … Read more

Annualised wage arrangements – new obligations for employers

By Adrian Faelli (Lawyer) and Michael Cochrane (Special Counsel) The Full Bench of the Fair Work Commission has finalised* its examination of annualised wage arrangements as part of the 4 yearly Modern Awards review.  From 1 March 2020, certain Modern Awards will contain 1 of 4 new ‘Model Clauses’ that expand an employer’s record-keeping, payment … Read more

The ‘gig’ is up for now… FWO withdraws against Foodora and Uber wins again

Michael Cochrane (Special Counsel) and Adrian Faelli (Lawyer) share their insights on the latest trends in the gig economy. Last month, the Fair Work Ombudsman (FWO) decided to discontinue its well-publicised Federal Court underpayments claim against Foodora Australia following the company’s administration and subsequent exit from the Australian market.  While gig economy businesses (and businesses … Read more

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