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Tag Archives: EMA Note

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 […]

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 […]

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 […]

The following additional answers have been prepared to help employers to understand the interaction between the ‘minimum payment guarantee’ under the JobKeeper amendments to the Fair Work Act 2009 (‘Act’) and the taking of authorised paid and unpaid leave, as well as confirm our changed view in relation to the Coronavirus Economic Response Package (Payment […]

In response to the economic impact caused by the coronavirus the government recently announced the $130 billion JobKeeper scheme. The aim of this scheme is to help eligible employers keep eligible employees employed. In support of this aim, the Government has also provided JobKeeper eligible employers with increased flexibility via recent temporary amendments to the […]