Recent amendments to the Fair Work Act 2009 (Cth) establishing a new "whole-of-relationship test" increase the likelihood that Australian businesses will face claims of "sham contracting" by misclassifying employees as...more
12/19/2024
/ Australia ,
Employees ,
Employer Liability Issues ,
Fair Work Act ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
International Labor Laws ,
Labor Reform ,
Misclassification ,
New Amendments ,
Wage and Hour
On 9 February 2022, the Australian High Court heard two appeals together—Construction, Forestry, Maritime, Mining and Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 ("Personnel") and ZG Operations Australia...more
3/3/2022
/ Australia ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
International Labor Laws ,
Labor Reform ,
Misclassification ,
Wage and Hour
The Situation: The Federal Government has published its highly anticipated reform package to Australia's industrial relations ("IR") framework. While less ambitious than some had expected, the Fair Work Amendment (Supporting...more
The Situation: The Australian Federal Government has extended the JobKeeper Payment Scheme ("Scheme") with modifications for an additional six months, until 28 March 2021. The fortnightly flat rate subsidy of $1500 per...more
The Situation: It is relatively uncommon in Australia for workers or employees to bring class actions against their employers in which they allege sham contracting arrangements.
The Development: Four class actions, which...more
MESSAGE FROM THE EDITOR -
In this edition of the Update, we report on the exposure draft of the Treasury Laws Amendment (Taxation and Superannuation Guarantee Integrity Measures) Bill 2018. We then consider a decision of...more
2/7/2018
/ Australia ,
Back Pay ,
Employer Liability Issues ,
Fair Work Act ,
Fair Work Commission ,
Fast-Food Industry ,
High Court of Australia ,
International Labor Laws ,
Internships ,
Proposed Legislation ,
Superannuation ,
Superfund ,
Underpayment ,
Union Representatives ,
Unions ,
Wage and Hour
MESSAGE FROM THE EDITOR -
In this edition of the Update, we report on Woolworths' commitment to identify and address human rights risks in its Australian supply chains. We then discuss a class action expected to be lodged...more
MESSAGE FROM THE EDITOR -
In this edition of the Update, we discuss two significant developments that are likely to have far-reaching impacts for employers and employees across Australia. First, we discuss the proposed...more
3/21/2017
/ Australia ,
Corporate Counsel ,
Fair Work Act ,
Fair Work Commission ,
Fast-Food Industry ,
Franchisee ,
Franchisors ,
Hospitality Industry ,
International Labor Laws ,
Penalties ,
Pharmacies ,
Restaurant Industry ,
Retail Workers ,
Unpaid Overtime ,
Wage and Hour