Academics say that while the High Court's recent Rossato judgment signals a shift to contract formalism that is likely to leave gig workers outside of labour law protections, significant developments in competition and consumer law might hold promise.
A Supreme Court judge has slapped down a FWC presidential member's "clarion call" for Australians to "vigorously" reject the notion of mandatory COVID-19 jabs, questioning her assertions about the efficacy of vaccines and declaring it is not her role to challenge the validity or appropriateness of public health orders.
The NSW Supreme Court has backed the State government's use of Public Health Orders to make COVID-19 vaccinations mandatory for certain categories of workers, dismissing arguments that the directions compromised objectors' "right" to choose what they put in their bodies.
Employers are generally on "solid ground" in suspending or dismissing workers who refuse reasonable directions to be vaccinated to perform their jobs, but face a range of practical difficulties if they take such action, according to Adelaide University Professor of Law, Andrew Stewart.
In a development sure to be watched closely by employers, WorkSafe Victoria is inquiring into the COVID-19 death of a 46-year-old call centre employee identified as a close contact at his workplace's Tier 1 exposure site.
IR Minister and Attorney-General Michaelia Cash says a meeting this morning between government agencies, employers and unions will focus on how businesses can comply with COVID-19 work, health and safety obligations, "including without mandating the vaccine".
The High Court's Rossato judgment is already having a knock-on effect, with a FWC full bench questioning its effect on Deliveroo's appeal of a finding that a rider was an employee and proposing not to determine it until the High Court decides two more cases.
Uber is again facing a challenge to claims it has no employment relationship with drivers, a rideshare workers' group going after the company for alleged record keeping and payslip breaches in a case seeking penalties to boost its advocacy war chest.
The High Court will next Wednesday hand down its much-anticipated judgment in labour hire company Workpac's challenge to a finding that coal mineworker Robert Rossato had an entitlement to paid leave while engaged as a casual on consecutive contracts for almost four years.
The ACTU has today asked FWC president Iain Ross to initiate a process for making short-term changes to awards in response to the "developing" COVID-19 outbreak in Sydney.
