The ‘Right to Disconnect’ has been widely publicised but what does it actually mean for employees and employers? What about staff who need to be “on call” outside normal working hours? What happens if an employer fails to respect the right to disconnect? The introduction of the right to disconnect marks a significant shift in…
Is ignorance of the law ‘exceptional circumstances’ for application extensions in the FWC?
Mr Dhaval Brahmbhatt v Sydney Tools Pty Ltd [2023] FWC 1874 (31 July 2023) This case revolves around Mr. Brahmbhatt’s appeal for an extension of time to lodge a general protections application under section 365 of the Fair Work Act 2009 (Cth) FW Act (FW Act), after his unfair dismissal claim was ineligible. The delay…
Does an employment relationship exist even when no work is performed?
The Issues The case involves Ms. Sonia Argentier (the Applicant) filing an application under section 365 of the Fair Work Act 2009 (Cth) (the FW Act) with the Fair Work Commission (the Commission) to address a dispute regarding her alleged dismissal by City Perfume Retail Pty Ltd (the Respondent). The Applicant claims that her dismissal…
Are you ready for the 6 June 2023 Employment Law Changes?
Published 5 June 2023 This article is a follow-up to our Legislation Update published on 2 March 2023 after the legislative changes under the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth), amending the Fair Work Act 2009 (Cth) (FW Act). Employers should note the date of 6 June 2023, which is a key date for the implementation…
Legislation Update
Published 2 March 2023 In this newsletter we address the legislative changes under the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth), amending the Fair Work Act 2009 (Cth) (FW Act) and Anti-Discrimination laws, enacted at the end of 2022, as part of the Albanese government’s election promises. The key changes: Multi-Enterprise Bargaining…
Podcast | Legislation Update
Published 23 December 2022 In this final edition for 2022, we discuss the recent legislative changes to the Fair Work Act and Anti-Discrimination laws, that the new Government has brought in as part of their election promises. We are also joined again by Samantha Mangwana of Shine Lawyers, who shares her insights into the amendments…