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Changes To Casual Employment – The Fair Work Act 2009

In April 2024, there were changes made to the Fair Work Act 2009 regarding the definition of “casual employment” and casual conversion rights. Both employers and employees who are employed pursuant to a casual employment contract need to be aware of these changes, which come into effect on 26 November 2024. Currently the main factor...
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Superannuation to increase 1 July 2023

Superannuation to increase 1 July 2023. The superannuation guarantee (SG) is the minimum percentage of a salary that an employer must contribute to an employee’s superannuation fund. The percentage is legislated and controlled by the Australian Taxation Office (ATO). The current SG percentage is 10.5% of employees’ ordinary time earnings. From 1 July 2023, the...
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Australian Consumer Law – Unfair Contract Term Provisions

It is important to be aware of the terms that are contained within your business contracts. If you are imposing terms and you’re not sure whether they are fair to both parties to the contract, this blog is for you. What is a standard form contract? If a party alleges that a contract is standard...
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Employee or Contractor – The Clarified Approach

The approach on how to determine whether a worker is an employee of a business or an independent contractor historically involved the application of a multifactorial test. However, this approach has been recently clarified by the High Court. In the recent decisions of Construction, Forestry, Maritime, Mining and Energy Union & Anor v Personnel Contracting...
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High-income employees may still be covered by modern award

Simply because an employee earns above the high-income threshold doesn’t necessarily mean that a modern award does not apply. To be a high-income employee, the criteria set out in the Fair Work Act (Act) must be met, including earning above the high-income threshold, and be subject to a ‘guarantee of annual earnings’ for a ‘guaranteed...
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When out-of-hours conduct are cause for dismissal

When out-of-hours conduct are cause for dismissal Our previous blog “When does out-of-hours conduct cause for employee dismissal?” highlighted the consequences for employees who engage in certain conduct outside work hours such as a fight, sexual harassment, social media content and public drinking. Recent cases of Sydney Trains v Andrew Bobrenitsky (2022) and Corry v...
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Superannuation to increase 1 July 2022

The superannuation guarantee (SG) is the minimum percentage of a salary that an employer must contribute to an employee’s superannuation fund. The percentage is legislated and controlled by the Australian Taxation Office (ATO). The current SG percentage is 10% of employees’ ordinary time earnings. From 1 July 2022, the SG will increase from 10% to...
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Can an employer direct an employee to be vaccinated?

Can an employer direct an employee to be vaccinated? We have previously written about the COVID-19 business restrictions in Queensland and how an employer may require an employee to be vaccinated. While that may be the case, it is not as straight forward as it may seem. There are specific considerations when determining who must...
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COVID-19 business restrictions and requirements in Queensland

COVID-19 business restrictions and requirements in Queensland, on 8 October 2021, the Chief Health Officer issued directions in accordance with emergency powers arising from the declared public health emergency. These directions set out the requirements that restricted businesses in Queensland must follow. Restricted businesses included businesses in the hospitality, entertainment venues, personal care services industries,...
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Emergency powers arising from COVID-19

Direction from Chief Health Officer – Emergency powers arising from COVID-19 While there has been some debate regarding mandatory vaccination requirements, the recent public health direction has set out new requirements for workers in healthcare, their employees, and responsible persons in healthcare settings, including limited exceptions. On 29 January 2020, the Minister for Health and...
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