Employment Law Developments – 2021

DEVELOPMENT 1:  IR Omnibus Bill The Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (“the Amendment Act”) received royal assent on Friday 26 March 2021. The Amendment Act seeks to resolve and clarify the uncertainty surrounding casual employment arising out of two major 2020 Full Federal Court decisions[1]  dealing with the substantive … Read more

COVID-19, Business Downturn & Unlawful Stand downs

The recent decision of Buttress v Preston James 1 Pty Ltd (2020) reads as a caution to employers considering a stand-down under section 524 of the Fair Work Act (“the Act”), for COVID-19 related business downturns, this is particularly now where circumstances appear to be on the up. Background: Ms Buttress (the Applicant) commenced her … Read more

2020 Employer Takeaways

Following the unpredictable and complex nature of the 2020 employment landscape, our office has compiled some ‘best practice tips’ to help employers venture into the new year with confidence and understanding. TIP 1: Save money in the long run by investigating employee concerns Failing to investigate employee concerns can be costly. One employer learned this … Read more

Federal Court rules that Qantas aircraft engineers stand-downs was reasonable

Case: Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association (No 3) [2020] FCA 1428 Qantas Airways have had a significant win against the unions this week with the Federal Court ruling that the airlines decision to stand down hundreds of aircraft engineers without pay during the COVID-19 pandemic was due to no fault of the airline. … Read more

Don’t Cough in the Nurse’s Face

This is a case note on when a cough during COVID-19 can lead to an unfair dismissal? See: Hooshmand v Cater Care Australia Operations Pty Ltd [2020] FWC 4371 On 27 March 2020, as the risk of a COVID-19 pandemic in Australia became heightened, Mr Hooshmand (‘the employee’) arrived to work for Catering Care Operations … Read more

Sorry Not Sorry! Employer Protection for Apologies and Expressions of Regret

The Workers’ Compensation and Rehabilitation Act 2003 (the Act) establishes a workers’ compensation scheme for Queensland – providing benefits for workers who sustain an injury in their employment. The Act outlines employers’ obligation to be covered against liability for compensation and damages either under a WorkCover insurance policy or under a licence as a self-insurer.[1] … Read more