Insights

Accountancy firm, Ezy Accounting 123 Pty Ltd has recently been found accessorily liable for restaurant operator Blue Impression’s underpayments.

The Full Bench of the Fair Work Commission has recently decided the case of Tasmanian Ports Corporation Pty Ltd t/a Tasports v Gee [2017] FWCFB 1714, having dismissed the appeal based on the principles established in Pettifer v MODEC Management Services Pty Ltd [2016] FWCFB 5243 and Kool v Adecco Industrial Pty Ltd t/a Adecco [2016] FWC 925.

An organisation in New South Wales has recently been convicted and fined a record $1 million for offences under the Work Health and Safety Act 2011 (NSW) after its Director intentionally let a subcontractor work near live high-voltage powerlines to avoid delaying a construction project.

Queensland’s Labor Government will introduce legislation this month to order the licensing of labour hire companies from next year, setting the precedent for other Labor states such as Victoria and South Australia.

A payroll officer who refused to relocate from Western Australia to take up a human resources role in New South Wales has failed to establish that her resulting redundancy was the result of an unfair dismissal.

As part of the four yearly modern award review, the Full Bench made a number of determinations affecting the rights of casual employees.

The New South Wales Workers Compensation Commission has rejected a claim by the director of Mohammed Javed Pty Ltd, that he was stabbed by his son during the course of his employment, and would therefore be entitled to worker’s compensation payments, medical expenses and lump sum compensation.

The Victorian Government has agreed to adopt the national model Work Health and Safety Act (2011) (Vic) definition of worker and consultation obligations, as recommended by a 2016 inquiry into the labour-hire sector.

In rejecting an appeal launched by Comcare, the Federal Court has lashed out against attempts to cap Whole Person Impairment for enduring headache pain conditions at three (3) percent.

Boroondara City Council has been ordered to pay a terminated former employee almost $8 000 following their decision to ignore a doctor’s plan to conduct a case conference without appropriate justification.

In Romero v Farstad Shipping (Indian Pacific) Pty Ltd (hereafter Romero), the Full Federal Court of Australia was asked to determine whether a workplace policy forms part of the employment relationship, that is, aspirational or contractual in nature? As the case demonstrates, this will depend on the particular factual circumstances of the employment relationship.

The Australian Hotels Association, Accommodation Association of Australia and Pharmacy Guild have withdrawn their proposals to change the term ‘penalty rates’ to ‘additional remuneration’, ahead of a further hearing on the weekend and public holidays penalty rates case.