All publications relating to ‘Michael Byrnes’
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…
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…
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…
COVID-19 | Redundancy payments during the crisis
Michael Byrnes, Partner and Emily Capener, Solicitor provide an overview of two recent cases that considered the payment of redundancy during the COVID-19 crisis. Redundancies are generally driven by factors such as technological advances, company restructuring and business closures. Now, of course, employers and employees alike need to deal with the…
COVID-19 | A Short Guide to the JobKeeper Payment and JobKeeper Flexibility
On 8 April 2020, Federal Parliament passed the Coronavirus Economic Response Package (Payments and Benefits) Bill 2020 and the Coronavirus Economic Response Package Omnibus (Measures No. 2) Bill 2020. Michael Byrnes, Partner and Emily Capener, Solicitor explains what this means for you and how your business can access these benefits. THE JOBKEEPER PAYMENT …
COVID-19 | NSW Parliament Updates Legislation Relating to Long Service Leave Entitlements
In the wake of the COVID-19 pandemic, NSW parliament has passed a number of bills seeking to alleviate some of the hardships caused by the crisis. One significant implication of COVID-19 in the employment sphere concerns employee access to paid leave entitlements, such as annual leave and long service leave. This becomes particularly…