
Recent High Court decisions have changed tests for independent contractors and employees
Before you take a look at the blog, you might want to check out this webinar we ran on the topic!
Join the ER Essentials Community.

Before you take a look at the blog, you might want to check out this webinar we ran on the topic!

Providing or acquiring references for prospective employees can be a daunting process.
The Privacy Act is just one area of law that impacts on what managers can say or do in regards to giving a reference.

Last week, the Victorian Premier Daniel Andrews, announced an Australia-wide first scheme, offering a sick pay guarantee for casual workers in Victoria. Naturally, this has sparked an abundance of questions from employers and employees alike, so the ER Strategies team has broken down the key information below.

In March 2021, the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Amendment Act) passed both Houses of Federal Parliament, which amended the Fair Work Act 2009 to include reforms to workplace rights and obligations for casual employees.

What are an employer’s rights to require an employee to work on a public holiday? What are the employee’s rights not to work? We consider the requirements under the Fair Work Act.

We recently had a client pose the question “Can we monitor an employee’s emails and what are the privacy concerns?” In researching the answer we came to the conclusion that the law is very confusing, with no one committing absolutely clearly what an employer’s obligations are. However, we offer a practical solution to the issue.

A legislative change in late December 2021 has seen employees in Western Australia officially gain an additional public holiday over the Easter long weekend, commencing this year. Prior to this change, only Good Friday and Easter Monday were gazetted Public Holidays for employees in WA, with Easter Sunday not recognised as a public holiday and treated as a normal day for employers and employees. However, on 16 December 2021, the Industrial Relations Legislation Amendment Bill 2021 was passed by State Parliament, making Easter Sunday a gazetted public holiday permanently into the future.

The FWO’s successful prosecution of the Yogurberry franchise has raised many questions on how franchisors can protect themselves from “accessorial liability” – being an accessory for payroll contraventions of the Fair Work Act.

Wage theft has become a prominent issue in Australia, with the FWO recovering over $500 million in underpayments across the previous financial year. This figure has been growing year on year, highlighting that the issue has likely been there for sometime, yet is now coming into the spotlight. As a result, both Queensland and Victoria have brought in legislation.

State governments in Victoria and New South Wales are preparing to move into the next phase of the COVID-19 re-opening roadmap.
Get the latest HR/ER/IR Updates and news that could affect your business straight into your inbox.