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Case review 17/03/2022
On 9 February 2022, the High Court of Australia altered the legal test used to determine whether a person is an independent contractor or employee at law, with the focus now on what the parties have agreed.
Article 25/01/2022
The COVID-19 pandemic has been a global health and economic crisis with devastating effects. For many countries, the focus has shifted to economic recovery and growth. Integral to this is the safety of workers’ physical and mental health. In this article, we provide a cross-jurisdictional review of how COVID-19 risk will be regulated by criminal enforcement agencies in the UK, US and Australia.
Article 13/12/2021
The Victorian Parliament recently enacted the Occupational Health and Safety and Other Legislation Amendment Act 2021. The amendments to the OHS Act prohibit the insuring or indemnifying of a person for a fine for a Victorian safety offence, and provide stronger protections for labour hire workers.
Case review 07/12/2021
Many employers want to support the national public health effort to maximise vaccination uptake. However, the message is to proceed with some care and caution. On 3 December 2021, a five member bench of the Fair Work Commission (FWC) delivered its decision in CFMMEU v Mt Arthur Coal Pty Ltd [2021] FWCFB 6059 (Decision). The decision speaks to mandatory vaccination policies and the importance of employee consultation.
Article 17/09/2021
2020 was a year of significant upheaval and development in the employment sphere (not only from the COVID-19 perspective) and 2021 is proving no different with both substantive law reform and long-planned developments. As the pandemic unfolds and Australia races to counter lockdowns with vaccines, the latter part of 2021 promises further significant developments for employers, varying from COVID-19 relief measures, managing the return to the workplace and integrating new anti-discrimination protections.
Article 30/03/2021
A summary of the latest global developments in the employment space including a case review of the Supreme Court decision of Royal Mencap Society v Tomlinson-Blake [19.03.21], a comparison of the treatment of the COVID-19 vaccination in the US, Denmark, India and the UK, remote working to be legislated in Ireland, Australia’s Fair Work Commission which can now determine general protections dismissal applications and the introduction of the Employment Amendment Ordinance 2020 in Hong Kong.
Article 22/12/2020
In October 2020, as part of the continuing harmonisation of national work health and safety laws, Australian states and territories are introducing laws for industrial manslaughter, defining a workplace fatality as a criminal offence.
Article 05/06/2020
A global look at alternative support that governments have chosen to introduce (or not) to support businesses and individuals during this pandemic.
Article 23/04/2020
On 9 April 2020, the Fair Work Act 2009 (Cth) was amended as part of the Australian Government’s JobKeeper scheme for eligible businesses.
Article 08/04/2020
In response to the Covid-19 pandemic, the Fair Work Commission (FWC) (the Australian industrial relations tribunal) has made significant changes to the Clerks - Private Sector Award 2010 (Clerks Award), the Hospitality Industry (General) Award 2010 (Hospitality Award) and the Restaurant Industry Award 2010 (Restaurant Award). These awards regulate the employment of approximately 2.2 million Australian workers.
