By Michael Cochrane (Senior Associate) and Stephanie Koumbarakos (Trainee Lawyer) 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 … Read more
As we mark the 9th anniversary of the Fair Work Act, we thought it might be useful to reflect first on the basics for the new financial year. Minimum wages, unfair dismissal salary cap, civil penalty increases and changes at the FWO The national minimum wage and award rates increased by 3.5% (say what?!). Where … Read more
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
Late last month an Uber driver was unable to convince the FWC that he was an employee for the purposes of unfair dismissal protection. DP Gostencnik categorically rejected the applicant’s argument that a recent 2016 UK Employment Tribunal case which found an Uber driver was a “worker” should be applied in Australia noting that the legislation … Read more
By James Allen (Lawyer) and Michael Cochrane (Senior Associate) In May this year, the Federal Circuit Court ruled that an accounting firm (Ezy Accounting) which provided payroll services was liable (as an accessory) for breaches of the Fair Work Act 2009 committed by its client, a Japanese restaurant chain (click here to read our earlier … Read more
There’s no doubt that businesses are facing a continued and very heated compliance environment. What heightens this is the Government’s recent proposal to increase the Commonwealth criminal penalty unit from $180 to $210 as of 1 July 2017 and the anticipation that more increases will come! Once the proposal receives royal assent, the possible penalties … Read more
Start-ups and entrepreneurial businesses in Australia are faced with a gamut of legal requirements with which they must comply. This can be daunting for a new business that started with a brilliant idea on a shoestring budget. As a business gains momentum with increased sales and product range and general busyness, less attention is often … Read more
The Fair Work Ombudsman has been threatening for a while that advisors will be in the line of fire. Well, the time has arrived! A recent decision in the Federal Circuit Court of Australia (Fair Work Ombudsman v Blue Impression Pty Ltd & Ors [2017] FCCA 810]) provides a warning to payroll service providers that … Read more
The long awaited onboarding of the WHS model legislation in Western Australia may be closer to reality with the new Western Australian Labor Government in power. Major developments proposed to WHS laws in WA as set out in the WA Labor 2015 state platform include: a maximum jail term of 20 years for senior officers … Read more
