Is a Director an Employee?
Often in employment law the question arises as to whether a director falls within the definition of ’employee’ for purposes of the Fair Work Act 2009 (Cth).
Superannuation Contributions to Become Part of the National Employment Standards From 2024
One of the final amendments to the Fair Work Act 2009 made under the Fair Work Legislation Amendment (Protecting Workers Entitlements) Bill 2023 which will incorporate employee superannuation contributions into the National Employment Standards found within division 2 of the FW Act will be in force from 1 January 2024.
New Requirements for Fixed-Term Employment From 6 December 2023
The new requirements for fixed-term employment introduced by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) will be commencing on 6 December 2023.
Employer Prosecuted for Employee Suicide
The Victorian Building Authority (VBA) has been charged by WorkSafe Victoria under the Occupational Health and Safety Act 2004 (Vic) (OHS Act) after one of VBA’s inspectors took their own life in May 2022.
Employee’s Failure to Report for Duties Due to Imprisonment; An Unfair Dismissal?
A jurisdictional objection to an unfair dismissal claim made to the Fair Work Commission has been upheld by Deputy President Anderson where a security guard officer’s employment came to an end after failing to attend shifts while imprisoned.
Employer Liable for Hay Bales Falling & Crushing Employee
JBS Australia Pty Ltd (JBS) was found to have contravened its health and safety duties under the Model Work Health and Safety Act when an employee was crushed by 2 falling Haybales while she was completing a moisture check.
Repeated Speeding in Company Vehicle; A Valid reason for Dismissal
The dismissal of an employee of Coca-Cola Euro Pacific Partners Australia Pty Ltd for repeated speeding in a company vehicle was upheld as a valid dismissal by the Fair Work Commission.
Employee Discussing Sex Life Amounted to Workplace Sexual Harassment
The Fair Work Commission has upheld the dismissal of an employee for workplace sexual harassment and a failure to communicate respectfully with employees.
The Fair Work legislation Amendment (Closing Loopholes) Bill 2023
The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 was introduced into Federal Parliament on 4 September 2023.