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ATO clarifies position on superannuation and annual leave loading
Insight 30 Apr 2019

The Australian Taxation Office (the ATO) has clarified that superannuation will be payable on annual leave loading unless there is evidence that the reason for the loading is connected to a lost opportunity to work overtime. Senior ...

Coming on board with a criminal record
Insight 30 Apr 2019

The Australian Human Rights Commission (the AHRC) decided that a New South Wales company discriminated against a prospective employee by rescinding an offer of employment after discovering her criminal record.1 Senior Associate Laura ...

FWC inserts burdensome annualised wage clauses in modern awards
Insight 30 Apr 2019

The Fair Work Commission (the FWC) has decided that new annualised wages clauses will be inserted in 19 modern awards, impacting how employers administer annual salary arrangements for their award-covered employees. Senior Associate Tarsha ...

Highly paid employee covered by modern award and protected from unfair dismissal
Insight 30 Apr 2019

A recent FWC decision is a reminder to employers that employees who earn more than the high income threshold can still be eligible to bring unfair dismissal claims if they are covered by a modern award1. Managing Associate Sikeli Ratu and ...

Watch this space – FWC puts a question mark next to biometric scanner dismissal
Insight 30 Apr 2019

In a new and novel case for the Full Bench of the FWC, an employee was given permission to appeal after being dismissed for refusing to use a biometric scanner.1 Senior Associate Tegan Ayling and Lawyer James Daniel report. How does it ...

Federal Court rules on employer's power to require reasonable overtime
Insight 19 Jan 2019

In considering the terms of an enterprise agreement allowing an employer to require reasonable overtime, the Full Federal Court decided that the employer's increase in the number of overtime hours could constitute a breach of the agreement ...

Service with labour hire company counts after a transfer of business
Insight 19 Jan 2019

The Fair Work Commission (the FWC) has decided that an employee's service with a labour hire company will count as service with his new employer following a transfer of business.1 Managing Associate Andrew Stirling and Associate Jessica ...

Defective IFA survives to defeat underpayment claim
Insight 19 Jan 2019

The Federal Circuit Court rejected a truck driver's underpayment claim, finding that the terms of an individual flexibility arrangement (IFA) applied to his employment, despite it not complying with the relevant legal requirements.1 Senior ...

Dismissal for scab-calling unfair
Insight 19 Jan 2019

The Full Bench of the FWC decided that an employer's decision to summarily dismiss an employee for calling another worker a 'f***ing scab' during protracted industrial disputation was unfair.1 Senior Associate Tarsha Gavin reports. How ...

Update on unpaid family and domestic violence leave, and flexible working arrangements
Insight 19 Jan 2019

Since December 2018, all employees are entitled to unpaid family and domestic violence leave under the NES. Employers should also be aware of the new modern award requirements to discuss flexible working arrangements with employees. Senior ...