Judicial interpretation of the term ‘occupation’
The NSWSC has distinguished ‘occupation’ from ‘job’ and the former is to be determined by a range of factors.
By Jeremy Harrison - 1 min read
Finding redeployment: how far do employers need to go?
A recent Federal Court decision has widespread implications for employers who make redundancies while retaining contractors.
By Jack de Flamingh and Ruby Divola - 2 min read
Fair Work Act will soon provide a ‘right to disconnect’
The right to disconnect has received media attention as the trend of work extending into personal life is seen as an increasingly important issue.
By Paul Moorhouse - 2 min read
Closing loopholes: More changes to the Fair Work Act
Recent amendments make a number of significant changes to the Act, including a revised definition of ‘casual employee’ and new conversion process for casual employees.
By Paul Moorhouse - 2 min read
Meeting the obligation to consult in employment law
Employers have a legal obligation to consult employees when making significant workplace changes and guidance is needed on how to implement this duty.
By Giuseppe Carabetta and Paul Lorraine - 2 min read
High Court denies vicarious urination
A recent High Court decision has brought a degree of common sense back to when an employer may be vicariously liable for the conduct of…
By Jack de Flamingh and Arsalan Azhar - 2 min read
Fixing the road to nowhere: Flexible working arrangements get their bite
Following recent legislative amendments, employers must now have a discussion with the employee about their flexible work arrangement request and try to reach an agreement.
By Jack de Flamingh and Zak O'Neil - 2 min read
Natural persons only: Federal Court clarifies superannuation entitlements
Recent Full Court of the Federal Court decision considered the test for whether a worker is considered an employee under section 12(3) of the superannuation…
By Emily Haar, Andrew Stewart and Joseph Hyde - 2 min read
Gender Equity Reforms: Better and Fairer Pay
This is the third article in a series examining recent and significant changes to the Fair Work Act.
By Jack de Flamingh and Arsalan Azhar - 2 min read
Positive duty on employers to prevent sexual harassment
Recent amendments to legislation have introduced a positive duty on employers and businesses to prevent workplace sexual harassment, sex discrimination and victimisation.
By Prabha Nandagopal - 2 min read
Secure Jobs, Better Pay: Bargaining reforms
As part of the recent amendments to the Fair Work Act, significant and controversial changes have been made to enterprise bargaining.
By Jack de Flamingh and Lukas Powling - 9 min read