February 19

Timely Reminders from the Fair Work Commission: The Five categories of employees with access to ‘flexibilty’

In a recent decision from the full bench of the Fair Work Commission, it was held that an employer lacked a reasonable basis for refusing an employee’s request for flexible work arrangements. The Employee, Detective Senior Constable Gary Emery,  was 58-years-old, and nearing retirement.  His request was to have additional rest days, as he moved […]

February 5

Foodora Update

Late last year the Fair Work Commission made the landmark decision of Klooger v Foodora Australia Pty Ltd [2018] FWC 6836 that found the Foodora driver was an employee, rather than an independent contractor. The decision and its implications were considered in our former article from December last year. The decision has sparked further developments […]

December 18

Demystifying sexual harassment at work – #MeToo and the law

The law relating to sexual harassment in Australia has been in place for over 30 years and should provide robust protection for workers. Despite this, sexual harassment remains a significant problem in Australian workplaces. One in three people (33%) have experienced sexual harassment at work in the last five years. The reporting of sexual harassment […]

December 18

Disrupting the disrupters: what are the consequences of the Foodora ruling for the gig economy?

Last month, the Fair Work Commission handed down a much-anticipated decision in Klooger v Foodora Australia Pty Ltd [2018] FWC 6836 (Klooger). Josh Klooger, a Foodora rider, had made an application to the Commission claiming he was unfairly dismissed. Foodora objected to this as they contended he was an independent contractor and therefore not entitled […]

October 30

What to make of the “Change The Rules” campaign

Last Tuesday, October 23, 2018, union rallies were held in Melbourne and Sydney in support of the Australian Council of Trade Union’s (‘ACTU’) “change the rules” campaign. The protests followed a series of national TV and radio advertisements launched in early October. The “change the rules” campaign is seeking to “re-balance the system and negotiate […]