Latest publications
First 30 days | Hardings integration
To our valued clients and friends As most of you will already know, as of the 1 July 2020 the staff of Hardings Lawyers joined Swaab in their newly refurbished offices. With Covid-19 still having a major impact on office attendance with WFH arrangements and Partners and staff being on a roster system to attend…
Addressing Building Defects in Strata Schemes
Legislative obligations and functions for a strata scheme can be overwhelming in the first few years and it may take time to establish a functioning strata committee. Obviously, the thought of defects in a strata scheme are not what is on a lot owner’s mind having just purchased a new unit. However, with strict time…
Abuse from the Anti-Mask ‘Activists’: The Obligations of Employers
One very recent and unwelcome phenomenon during the Covid-19 pandemic in Australia has been the emergence of the anti-mask “activists” (often described using the recently minted pejorative “Karen”). Media reports (largely based on social media posts) suggest they are especially prevalent in Victoria, where masks in public have been made…
COVID-19 | Updated JobKeeper Scheme
On 21 July 2020, the Federal Government announced that it would be extending the JobKeeper payment scheme for eligible employers until 28 March 2021. The JobKeeper scheme, which was originally due to come to an end on 27 September 2020, will now be targeted towards those businesses and not-for-profits which continue…
COVID-19 | The Fairness Principle in Standing Down Employees
In the recent matter of Mr Ryan La Plume v Thomas Foods International Pty Limited T/A Thomas Foods International [2020] FWC 3690, the Fair Work Commission (FWC) considered an application to deal with a stand down dispute arising in the context of the COVID-19 pandemic. This matter demonstrates the importance of employers…
Meritas — An Introduction to Temporary Changes Affecting Businesses in Australia and New Zealand
Looking for business and legal guidance regarding COVID-19 updates and programs in Australia & New Zealand? This document has coverage across the region with member firms who are here to assist. Please visit any of the COVID-19 resource materials for more comprehensive updates. View here…
COVID-19 | Fair Work Commission considers factors impacting redundancy payouts
In four (related) cases, the Fair Work Commission (FWC) recently ruled in favour of an employer by reducing the redundancy payouts owed to four of its employees. These four cases, HyperLife Pty Ltd t/a Acme Prestonv v Kelly Brennan [2020] FWC 3080, HyperLife Pty Ltd t/a Acme Preston v Erin Black [2020] 3081…
The NSW Construction Industry – where are we at in 2020?
No-one could have anticipated the impact that so many unrelated, but colliding events, has had on all industry sectors throughout Australia in 2020. Whilst the long-term economic impact of these events on the construction industry is unknown, this industry is one sector which has been able to continue working, even…
Fair Work Commission Full Bench Confirms Gig Worker’s Status
The status of gig economy workers has been a source of extensive debate in recent years. Michael Byrnes, Partner and Emily Capener, Solicitor examine a recent decision by the Full Bench of the Fair Work Commission which confirmed that delivery drivers working for gig economy giant Uber Eats are not employees. In Amita…
Statutory Entitlements for ‘Casual’ Employees: Another WorkPac Decision
The Full Court of the Federal Court recently handed down a decision confirming that employees categorised and paid as “casuals” with regular and systematic working patterns might be entitled to receive the paid leave entitlements of a permanent employee. This decision, WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato), closely follows the decision…