Latest publications
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…
COVID-19 | The Federal Court rules on personal leave during stand down
In the decision Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Qantas Airways Limited [2020] FCA 656, handed down on 18 May 2020, Justice Flick of the Federal Court ruled that employees are not entitled to access paid personal/carer’s leave or compassionate leave during a period…
COVID-19 | First JobKeeper Decision Clarifies Annual Leave Request
In McCreedy v Village Roadshow Theme Parks Pty Ltd [2020] FWC 2480, the Fair Work Commission handed down its first decision dealing with a dispute arising under the JobKeeper scheme. The applicant, Ms McCreedy, had been employed by Village Roadshow Theme Parks Pty Ltd (Village Roadshow) on a part time basis, working around 15 hours…
Strata Schemes General Meetings in light of COVID-19
It has just been announced that the NSW Parliament is considering reforms to the Strata Schemes Management Act 2015 (SSMA) to remove the need for face-to-face meetings and allow owners corporations to operate electronically. In the meantime, owners corporations are still required comply with their obligations to hold meetings in…
Separation Post COVID 19 – Relocation of children and the importance of planning now
Separation is tough! Especially when there are children involved but add a pandemic into the mix and it is next level. In these uncertain times it may feel as though you have little control over your separation particularly if you are wanting to move with the children. With the COVID-19 restrictions easing…
Is your strata scheme functioning?
We recently acted for a lot owner/building manager in a Strata Application to the NSW Civil and Administrative Tribunal (NCAT) successfully seeking orders for the removal of the existing strata committee and the compulsory appointment of a strata manager to the scheme under s237 of the Strata Schemes Management Act 2015 (SSMA 2015)…
COVID-19 | Construction Works Within Strata Schemes
With the introduction of the Environmental Planning and Assessment (COVID-19 Development – Construction Work Days) Order 2020 on 31 March 2020 (the Order), strata schemes may be faced with decisions to make regarding the continuation or commencement of building works during the Government imposed restrictions and social distancing guidelines. Impact of…