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Do you know the key differences between an Employee and independent Contractor?
From 26 August 2024 a new definition of employment has been added to the Fair Work Act, to assist businesses and individuals in clarifying if someone is considered an employee or a contractor.
Let's break...
Welcome to the next update in our Closing Loopholes series!
Change 2: Introduction of small business redundancy exemption provisions
Usually, small business (15 employees or less) employers are not required to pay redundancy pay to employees made redundant. Previously, this was also...
Change 1: Protection for employees subject to family and domestic violence
Previously, ‘subjection to family and domestic violence’ was not listed as a protected attribute for employees, meaning employees were not safeguarded from adverse action.
This all changed after the recent...
Following the proposed amendments to the Fair Work Act 2009 back in September 2023, it is confirmed the Fair Work Amendment (Closing Loopholes) Act 2023 is now in force. Approval was granted on 14 December 2023, with further changes due to commence in 2024 and 2025.
What does this mean?
Key...
For those employees covered under the Building and Construction General On-site Award, listen up!!
Employees covered by this Award have slightly different provisions around personal and carer's leave compared to most other Awards, as provided for in the National Employment Standards.
We should...
So, non-disparagement clauses are commonly used in settlements and deeds of release, but do you know what they mean? Let's discuss!
Firstly, let's define - non-disparagement clauses often restrict an employee in a contract from saying anything negative about the company to another person, this...
Earlier this year, a Director of a large national company was found personally liable for wage theft after underpaying roughly 150 employees, although not consciously aware that this was the case - let's look at what happened!
So, in 2013, the Director sat down with the Chief...
In the past few months, the Federal Government has proposed significant changes as to how sensitive personal information is collected and used for private sector employees. Under the Privacy Act 1988 (Cth), public sector employers need to disclose how employee information is stored and what...
For a majority of West Australians, Long Service Leave (LSL) only comes around after 10 years of continuous service, unless specified otherwise by your Employer. However, the entitlement to LSL varies between Australian states and territories. Let's discuss!
LSL is effectively an entitlement or...
I'm sure we've all heard of the term 'overtime' - but most people have no idea when it comes into play. Let's discuss!
Here are some important definitions straight from Fair Work:
Ordinary hours - The amount of hours worked by an employee that doesn’t include overtime. For example, the...
Those employees who are classified as high-income earners may be limited in terms of their eligibility to file unfair dismissal claims, as per the Fair Work Act.
Currently, the high-income threshold for the financial year (FY) of 2023-24 is $167,500.
Even where an employee is not covered by...
Work trials are extremely common as they allow an employer to determine if an employee is suitable for the role before officially offering them a position. Work trials also give the employee an opportunity to showcase their suitability and range of skills.
What distinguishes an unpaid work...
