Unfortunately, the hype you will have seen since the handing down of the recent decision of the Full Court of the Federal Court in WorkPac Pty Ltd v Skene [2018] FCAFC 131 on Thursday is not misplaced. It is a decision that affects all employers who employ casuals, not just those in the labour-hire space. SUMMARY: key … Read more
The Australian Securities and Investments Commission (ASIC) is continuing in its relentless drive to raise standards in the Australian financial advice industry, with its recent action to require a number of financial advisory outfits to retract claims of “independence”. Restricted terminology Under the Corporations Act 2001 (Cth) (the Corporations Act) and other laws, entities are … Read more
The effect of fatigue on road safety is a critical issue for the road transport industry and the broader community. Self-monitoring and self-reporting are ineffective controls in reducing serious or fatal fatigue related road accidents. Technology can be used as a proactive safety tool with the capacity to reduce safety incidents. In two recent cases, … Read more
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
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
Grandparents are playing a greater role in many families, often due to the high cost of childcare and increasing rates of divorce. But what happens when a grandparent is refused time with their grandchild or wishes to assume full care of a child? What are grandparents’ rights in these circumstances? What the law says The … Read more
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
By Jessica McNamara (Associate) and Fiona Trethewey (Principal). The case of Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd [2017] FCAFC 83 has raised significant interest regarding trade mark ownership and the circumstances in which ownership may be challenged. In Pham, the Full Court of the Federal Court held that the requirement for … Read more
