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Permanent casual – like smart casual, a very ambiguous category indeed
Insight 02 Jun 2020

In its widely anticipated decision, the Full Federal Court (Full Court) has decided that a labour hire employee was a permanent employee, despite being engaged as a 'casual' by a labour hire firm, WorkPac, for almost four years. ...

Should access to personal leave be permitted during stand downs?
Insight 02 Jun 2020

On 18 May 2020, the Federal Court found that Qantas is not required to pay personal/carer's leave to employees stood down without pay during the COVID-19 pandemic. ...

WFH during COVID-19 crisis leaves employers vulnerable to WHS liability
Insight 02 Jun 2020

With an unprecedented number of employees now working from home due to the COVID-19 pandemic, employers must be increasingly alert to the work health and safety (WHS) implications arising out of these arrangements. ...

Even broad governmental powers have limitations - Brett Cattle Company Pty Ltd v Minister for Agriculture
Insight 04 Jun 2020

The decision in Brett Cattle Company Pty Ltd v Minister for Agriculture serves as a timely reminder that there are limits on the exercise of seemingly broad governmental powers, and is especially relevant at a time where governmental powers are being used to respond rapidly to the COVID-19 crisis. ...

In Touch: COVID-19 and competition and consumer law issues; news media bargaining code; Holden compensation; CDR accreditation platform now live; and EB Games to refund customers after not playing fair
Insight 09 Jun 2020

COVID-19 and competition and consumer law issues; ACCC fines Queensland Yoghurt Company; news media bargaining code; Holden agrees to reduce speed of engagement with dealers over compensation; ACCC CDR accreditation platform now live; Voltaren gel decision in Federal Court; and EB Games to refund customers after not playing fair. ...

ASIC's New Document Production Guidelines
Insight 11 Mar 2020

ASIC has released its new Document Production Guidelines, which govern how it expects electronic and hard copy records to be produced in response to compulsory notices. ...

Class action risk 2020
Insight 02 Mar 2020

In this latest edition of our Class Action Risk report we have provided an overview of the indicators and drivers of class action risk, with a particular focus on the way in which the class action landscape has changed over the course of the last year, and into 2020. ...

COVID-19: a work health and safety perspective
Insight 01 Apr 2020

The progression of COVID-19 continues at pace and businesses are facing an array of challenges and difficult decisions. While there are a number of issues for businesses to work through at this time, this article touches on the key work health and safety (WHS) duties employers need to be aware of. ...

COVID-19: Fair Work Act changes and JobKeeper scheme
Insight 08 Apr 2020

Businesses that are eligible for the JobKeeper scheme will have more flexibility under the Fair Work Act to make changes to manage the workplace impacts of the COVID-19 pandemic, such as standing down employees or reducing their hours. ...

Fair Work Commission agrees to vary the Clerks Award in light of COVID-19
Insight 01 Apr 2020

On Saturday 28 March 2020, the Fair Work Commission introduced temporary changes to the Clerks – Private Sector Award in response to the impacts of COVID-19 on clerical and administrative employees. An employer can now agree (in writing, including by email) with an individual employee to reduce the employee's hours (including by more than 25%) or to move the employee temporarily from full-time to part-time hours of work, and reduce their pay proportionately. ...

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