March 21

Update: Stop Bullying Orders

Stop bullying orders under the Fair Work Act 2009 (Cth) are intended to have a wide application, extending beyond employees to ‘workers’ including contractors, volunteers and students gaining work experience. Recently, the Full Bench of the Fair Work Commission in Bibawi v Stepping Stone Clubhouse Inc t/a Stepping Stone [2019] FWCFB 1314 considered whether Bibawi, […]

March 14

Unnecessary and unconstitutional? The Practical and Legal Problems With the Criminalisation of Wage Theft

The deliberate underpayment of employee entitlements, such as wages, is not currently a criminal offence in Australia (despite the misleading use of the term by some). However, that is about to change with the Victorian Labor Government pledging to criminalise “wage theft” and the NSW Labor Opposition Party also committing to do the same should […]

February 26

The misleading and inaccurate use of the term “wage theft”

Wage theft is one of the flavours of the month in the industrial relations space at the moment with repeated calls to introduce tough criminal penalties for those employers who “steal” their employees’ wage by underpaying them. There is no doubt that all employees should be paid what they are owed for a hard day’s […]