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05Aug 2020

Prime Minister Scott Morrison has announced a $1,500 disaster payment for employees required to self-isolate for 14 days in Victoria. The payment is not made by the employer and does not affect Jobkeeper payments. The Payment The Prime Minister has announced that the Federal government will be providing a pandemic leave disaster payment to Victorian […]

29Jul 2020

The Full Bench of the Fair Work Commission has decided to vary three health sector awards to include paid pandemic leave for employees in the aged care industry affected by COVID-19. Background On 8 July 2020, the Fair Work Commission preliminarily rejected applications to vary modern awards to include ‘paid pandemic leave’ for employees who […]

22Jul 2020

This is EMA’s pick of the most interesting and relevant cases reported in the last six months. Please note that these are summaries only, and should not be relied upon in place of the full judgment. If you would like clarification on any of the judgments, or wish to know how a particular case may […]

19Jun 2020

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 […]

19Jun 2020

Most modern awards (and some enterprise agreements) contain a standard provision for payment of wages on termination. This can create confusion for employers who elect to pay notice of termination in lieu, as there are separate obligations under the National Employment Standards (“NES”) for when that payment must be made. When must notice in lieu […]

22May 2020

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 … […]

19May 2020

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 […]