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Report of the Inquiry into Victoria's On-Demand Workforce
Insight 18 Aug 2020

The Inquiry into the On-Demand Workforce (the Inquiry) released its report we'll link from here to into the ‘on-demand’ workforce in the Victorian labour market (the Report) on 15 July 2020. The Report makes a number of recommendations to update the current system. ...

No 'ordinary and customary turnover in labour' where there is a reasonable expectation of ongoing work
Insight 18 Aug 2020

An employee's reasonable expectation of continued employment is relevant to determining whether the termination was 'due to the ordinary and customary turnover of labour' for the purpose of exemption from statutory redundancy entitlements. ...

Redundancy unfair after employer fails to consult
Insight 17 Aug 2020

The Fair Work Commission (the FWC) has found a failure to consult meant an employee who was made redundant missed out on receiving the JobKeeper wage subsidy, which could have kept her working for longer. Her dismissal was therefore unfair. ...

Reasonableness of Prosegur's JobKeeper directions
Insight 17 Aug 2020

A Full Bench of the Fair Work Commission (FWC) found it was not reasonable for security and cash management company Prosegur to offer 25 weekly hours to full-time, part-time and casual employees as a JobKeeper enabling direction. ...

In Touch: ACCC's first enforcement action for an alleged breach of the Electricity Retail Code; Federal Court explores the meaning of 'prepayment'; and other developments
Insight 17 Aug 2020

The ACCC pursues Sumo Power over its electricity plans; interim report on Murray–Darling Water Markets Inquiry; 'prepayment' examined by Federal Court in ACCC v TPG; Locality Planning Energy fined for alleged breach of the Electricity Retail Code; and proceedings against Decathlon over sale of allegedly unsafe sporting goods. ...

After the Inquiry: what's next for litigation funders and the class actions industry in Australia?
Insight 14 Aug 2020

We identify the key themes arising from the Inquiry and outline the practical implications of the recently introduced legislation regarding the regulation of litigation funders and the introduction of contingency fees in VIC. ...

High Court finds for employer on leave accruals
Insight 13 Aug 2020

The High Court has found that the Fair Work Act entitlement to 10 days' paid personal/carer's leave accrues in hours (not days) based on employee's ordinary hours of work. Employers should review their payroll rules to ensure paid personal/carer's leave is being correctly accrued, paid and deducted. ...

Forging ahead – legal update on the WA mining and construction sectors
Insight 13 Aug 2020

Mining has long been a cornerstone of the Australian economy. In the wake of COVID-19, the industry has remained largely resilient, particularly in Western Australia where mining operations have remai ...

EPA WA developments: 10 key things you need to know about proposed changes to the Environmental Protection Act 1986 (WA)
Insight 13 Aug 2020

On 16 April 2020, the Environmental Protection Amendment Bill 2020 (WA) was introduced into Parliament. Although described in its second reading as the most significant reform of the Environmental Protection Act 1986 (WA) (EP Act) since its inception, the changes proposed in the Bill reflect a fairly modest reform agenda targeting improvements to the existing legislative framework. ...

WA mining sector post-COVID-19: from collaboration to cooperation
Insight 13 Aug 2020

The Australian Competition and Consumer Commission (ACCC) has granted interim authorisations in the mining sector that have been targeted at loosening communication and coordination restrictions and to allow companies to work together to ensure the security of supplies and services critical to the mining sector during COVID-19 ...

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