The Fair Work Commission (“FWC”) has today handed down its Annual Wage Review Decision under the Fair Work Act 2009 (Cth) (“Act”).1 The National Minimum Wage will increase by 1.75% from July. Award wages will also be increased by 1.75%, but the operative dates for award increases will be staggered according to three groups determined […]

Australia’s first industrial manslaughter conviction has been recorded, with two directors sentenced to imprisonment and the company fined $3 million. A Brisbane based automobile recycling business has become Australia’s first employer to be convicted of industrial manslaughter. The conviction follows a fatal incident on 17th May 2019, where a worker was crushed between a utility […]

In 2018, we reported in an EMA Note on the decision in Workpac Ltd vs Skene 1 . An employee who was paid as a casual employee under an enterprise agreement was nevertheless found to be entitled to paid annual leave under the Fair Work Act 2009 (Cth) (“FW Act”) National Employment Standards (NES). In addition […]

The Federal Court has determined that employees cannot access paid personal leave whilst stood down. As detailed in a previous EMA Note, section 524 of the Fair Work Act 2009 (Cth) (“FW Act”) allows an employer to “stand down an employee during a period in which the employee cannot usefully be employed because of … […]

While the COVIDSafe App may seem like a good way to comply with workplace health and safety requirements, there are some important restrictions on an employers’ ability to force or coerce employees into downloading or using – even on company provided phones.   Following from our previous EMA Notes which include guidance on the employer’s […]