Two Fair Work Commission decisions in 2022 considered the circumstances in which a casual employee will be protected from unfair dismissal. These decisions were influenced by recent High Court decisions on the importance of written employment contracts in determining the nature of an employment relationship.

The Federal Court has re-affirmed employees’ entitlement to a paid day off on a public holiday. It’s also clarified s 114 of the Fair Work Act 2009 regarding how an employer can reasonably request staff to work on a public holiday, when an employee can reasonably refuse such a request, and the distinction between a request and a requirement.

When an employee resigned from her employment as General Manager at Atanaskovic Hartnell Corporate Services, the employer refused to pay her final pay entitlements, including outstanding wages, annual leave and long service leave. In Court proceedings, the employer was ordered to make payment but failed to do so within the 21-day requirement. Significant penalties were subsequently ordered.

There are three primary types of employment; full-time, part-time and casual. There are some common employee rights and entitlements that are shared across all three types of employment, however, a casual employee has fewer rights and entitlements than full-time and part-time employees.

Changes to pay secrecy laws in Australia mean that it will be illegal for employers to use pay secrecy terms in employment contracts from 7 December 2022. These laws protect employees’ rights to discuss, or not discuss, their pay with any other person, including work colleagues.

In this case review, the Full Bench of the Fair Work Commission has demonstrated its ability, and willingness, to overturn agreements that fail to meet legal requirements and to ensure businesses and individuals who fail to comply with the law are held to account.

In this article, we look at the situation where your employer refuses a ‘’bonus’’ payment on the basis of the “employer’s discretion” and what your options are.

The parental leave system in Australia consists of a combination of entitlements, including unpaid parental leave, government-funded paid parental leave and employer-funded parental leave. These entitlements are available for employees upon the birth or adoption of a child.

There are some unpaid work arrangements that are lawful, and some that are not. Whether an unpaid work arrangement is lawful or not depends upon the nature of the arrangement.

In 2021, we successfully represented the CFMEU (QLD) in an adverse action claim against BM Alliance Coal Operations Pty Ltd. In January 2023, the Federal Court made an Order in favour of our client.

Volunteers are not covered by any State or Federal employment awards or workplace agreements, however, they still have workplace rights that are protected in legislation.

If you are told that you are under investigation in your workplace, you need to know your rights when facing a workplace investigation.