A leading IR lawyer says the Albanese Government's third tranche casuals provisions are a win for employers as they will provide "considerable certainty", but he predicts an ambiguous independent contracting test will produce "windfall gains and windfall losses".
The FWC has reinforced its view that zombie agreements should not be extended "merely" because the parties are in harmony, observing that nothing is stopping a charity funded by Australia's orchestras from negotiating a new deal with its valued finance manager.
An employer has failed to convince the FWC that a casual 'fragrance brand ambassador' had not yet become an employee when it "withdrew" the role before her first shift.
A FWC full bench has spelled out that it will not extend the term of zombie Australian Workplace Agreements due to be axed on December 7 just because it is sought by both the employer and workers.
A court has refused to grant an interlocutory injunction restraining a lawyer from working in a large regional area while his former firm seeks to enforce a contractual two-year ban, instead accepting an undertaking after observing the legal practice did not have a strong case.
A leading IR law academic says that high casual employment is an entrenched "cultural problem" that needs a solution and that there is likely to be an "explosion" in sham contracting if the Government fails to address last year's High Court rulings in Jamsek and Personnel Contracting.
Menulog has followed the lead of DoorDash and Uber in signing a charter with the TWU supporting federally legislated minimum rights and a disputes mechanism for gig delivery workers, but now also supports the new Minns NSW Labor Government's ambition to introduce state-based legislation.
The Albanese Government has asked the ACCC and Treasury for advice on the effects of non-compete clauses in employment contracts and any action warranted in response.
The Federal Circuit Court is set to dismiss an a bid to determine whether a former Deliveroo food delivery driver is a casual employee or a contractor, following the company's decision last year to cease operations in Australia.
The Albanese Government will soon introduce further IR legislation to include superannuation payments in the National Employment Standards (NES), clarify coverage of temporary migrant workers and ensure stronger access to unpaid parental leave.
