Flourish Employment Blog
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Is A 4 Day Work Week Right For Australia?
Following the pandemic, many people are looking at how to change the way they work. There has been recent discussion about whether a 4 day work week is the solution.
Fair Work Commission Considers New Modern Award for Gig Economy
Menulog’s application for a new modern award for its drivers, signals a shift by some in the gig economy to recognising that these workers are in fact employees. This may have significant ramifications for the industry at large
High Court Confirms the Primacy of Written Contracts in Independent Contracting
The thorny issue of whether an individual is an employee or contractor is of great significance and getting the classification wrong can mean the imposition of significant monetary penalties and liability for outstanding wages, taxes and other benefits. However, knowing with some certainty whether a person is an independent contractor or not is not clear-cut.
The High Court appears to have jettisoned previous views, and have recently handed down two significant decisions that revise the approach to be taken when determining whether a person is an employee or independent contractor.
2022- The Year Ahead
As we look over the year that was, and forward to 2022, now is the perfect time to reflect on the goals that your business would like to achieve in the coming year and how to best align your staffing needs, employment practices, and HR functions with those goals.
Managing Risk At Work Christmas Parties In The Era of COVID-19
As Australians emerge from lengthy lockdowns and are making their way back to the workplace, we are expecting a number of companies to hold their end of year work Christmas party as a way to reconnect their staff before the new year. In this alert, we explore the various ways employers can mitigate the risk associated with work Christmas parties and safeguard the business especially in the era of COVID-19.
How Can Employers Avoid the Great Resignation?
Despite considerable uncertainty over job security over the last 18 months, ironically, the last several months has seen a global trend of mass resignations.
We examine what has been termed in the United States, “the Great Resignation”, and whether those voluntary resignation trends can be expected to manifest in Australia.
NSW Supreme Court Dismisses Challenges to Vaccine Mandates
Following the introduction of Health Orders by NSW Health Minister Brad Hazzard imposing requirements on workers in a number of industries to be COVID-19 vaccinated, a total of ten workers across various sectors challenged the validity of these orders in the Supreme Court of NSW.
International or Interstate Employees – Are They Entitled to Long Service Leave?
It is a question that comes up more frequently than one might think. That is, if an employee works for the same or a related entity over a number of years in different states and even countries, does all their service count for the purposes of long service leave?
Can Employers Force Employees to be COVID-19 Vaccinated
With Australia’s push to increase COVID-19 vaccinations, there are real questions emerging in relation to whether an employer can mandate COVID-19 vaccinations in the workplace. We examine whether an employer can force COVID-19 vaccinations in the workplace, and the implications for employees.
Restraint of Trade – How Effective Are They?
Most people believe restraints are not enforceable. However, this is far from the truth.
In this client alert, we examine the mechanics of restraints and their enforceability.
The High Court Has the Final Say as to when a Casual is a Really a Casual
In a significant win for employers, the High Court has handed down its decision overturning the Full Federal Court decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 which permitted casual employees to receive the 25% casual loading and nonetheless claim paid service entitlements only applicable to permanent staff, where certain conditions applied.
The High Court decision now squarely aligns with the newly introduced casuals provisions in the Fair Work Act 2009 (Cth) which took effect on 27 March 2021. These legislative amendments affirmed that if agreed under terms of an employment contract, a casual employment relationship that mutually acknowledges no firm commitment to an ongoing working relationship or a regular pattern of work between employer and employee, will be sufficient to curtail any subsequent claims for service related entitlements enjoyed by permanent staff provided the parties observe the terms of the casual contract.
Lockdown – An Employer FAQ
From Sunday, 18 July 2021, most workplaces in Greater Sydney have been declared closed to the public. This lockdown has now expanded to parts of regional NSW and other capital cities.
This means that many employers have had to stand down some or all their employees under the current lockdown restrictions.
So, what is it that employers can and cannot do during this lockdown?
Looking back on the last week, we compiled a list of FAQ to assist employers.
Snap Lockdowns and What it Means for Employers and Employees
At 11am on 7 July 2021, NSW Premier Gladys Berejiklian announced that the lockdown for Greater Sydney and surrounding factions will extend at least until Friday, 16 July 2021. This represents a three-week lockdown hereby affected residents must stay at home causing...
Employment Law Changes from 1 July 2021
The beginning of the financial year marks a number of important changes to the employment law area. These changes, relate to minimum wages, the unfair dismissal threshold, the Fair Work Information Statement and changes to the Superannuation Guarantee rate. A summary of the changes to come and what this means for your business is covered in this alert.
Performance Management How To Do It Right?
This time of year is typically when both employers and employees buckle down for mid-year performance appraisals. It can be a stressful time for some for many reasons. From an employer perspective, performance management and annual or bi-annual reviews instill dread as managers are tasked with conducting individual performance reviews. However, despite the angst and stress that accompanies performance reviews, not much else is achieved as a result of the review, other than to tick the relevant box stating they have been done. This surely cannot be the purpose of performance reviews. It certainly does not constitute appropriate performance management and the consequence of failing to have hard conversations can be costly.
Bullying in the Workplace – No Matter Where You Work
Workplace bullying is a dynamic and complex phenomenon, its causes are often multifaceted and its impact individual and varied. It can have a profound effect on all aspects of a person’s health as well as their work and family life, undermining self-esteem,...
Are Your Casual Employees Actually Casual: Examining a new Federal Court Decision and What it Means for Australia’s Casual Workforce?
Many employers engage casual employees who are often longstanding members of their workforce and/or work a regular pattern of hours. However, are these employees really engaged on a casual basis? This has been a vexed issue for some time and for legal questions such...
Can Employers Force Employees to be COVID-19 Vaccinated?
As the Federal Government has recently announced, the COVID-19 vaccination rollout will commence in mid to late February, a full month ahead of the previously foreshadowed commencement schedule at the end of March 2021. As business and industry of all sizes has suffered during the pandemic, not to mention the complete shutdown of international air travel, many Australians, if not looking forward to the jab itself, are looking forward to a gradual return to normalcy and it is increasingly apparent that normalcy might only return once the majority of the population have been vaccinated.