Latest publications
‘Tis the Season to Avoid Folly: Workplace Christmas Parties (COVID-19 Edition 2021)
It’s that time of year. The ‘Silly Season’. For many organisations, the official employer Christmas party is imminent. But this year, 2021, it’s with a difference. Employer Christmas parties will be held against the backdrop of the ongoing global COVID-19 pandemic, including the newly emerging Omicron variant. The starting point for such…
Mandatory Workplace Vaccination: A Major Test Case Is Imminent
A dispute that is shaping up to be a significant test case dealing with the right of employers to direct employees to be vaccinated against COVID-19 is to be heard later this month by the Fair Work Commission. The case, Construction, Forestry, Maritime, Mining and Energy Union (105N) & Mr Matthew Howard v Mt…
Covid-19 Vaccinations for children – What happens if you and the other parent cannot agree?
As NSW hits the 70% vaccination mark and we get closer to returning to the life we knew before the outbreak of COVID-19, one particular issue continues to rear its head in parenting disputes. As it presently stands, the Australian Government has “strongly encouraged” everyone aged 12 years and older to get…
Who is responsible for paying expenses after separation?
Needless to say, separation is a stressful time where you and your former partner are both adjusting to a ‘new normal’. Navigating the ‘new normal’ can be challenging, particularly when it comes to making arrangements for the payment of expenses. One question we often hear is “who is responsible for paying…
Why Family Law duty of disclosure is now a very serious business
Parties involved in Family Law proceedings have a new reason to think very carefully about what information they must disclose to the other party, and when. From 1 September 2021 there are much harsher penalties for parties who fail to meet the Court standard for disclosing “information relevant to an issue in the…
Remedial Works in strata schemes – were they nearly forgotten?
We are all aware of the push by the NSW Government to ‘restore consumer confidence’ in the NSW Construction Industry and the need to tackle the issue of serious defects being experienced by many unit owners throughout NSW. Whilst the majority of building and design practitioners out there are slowly adapting…
Casual employment: Latest developments and where to from here?
It has been a big year for casual employees, with the law with respect to who a casual employee is, and what their entitlements are, appearing to be (finally) settled. Some key developments in this space from the last week alone are summarised below. Workpac v Rossato On Wednesday, 4 August the High Court handed…
Mandatory Workplace Vaccination: Some Myths
With SPC putting its head above the parapet by mandating COVID-19 vaccination for its workforce, and the National Cabinet Statement on 6 August, the topic of mandatory workplace vaccination has never generated such interest, analysis or debate. In discussion and reporting on the issue there are some regularly recurring myths. It is…
NSW Construction Industry Shut Down – Partial re-opening as of 31 July 2021
On Wednesday 28 July 2021, the NSW Premier took steps to re-open certain construction sites in parts of Greater Sydney following the earlier construction industry shut down orders which came into effect on 17 July 2021. Amendments have been made by the Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Amendment…
Qualifications a floor, but not a ceiling, for award coverage: FCAFC
In a decision that has affirmed what those working in the industrial relations space already knew – that fitting an employee’s role into an award classification is hard – a full court of the Federal Court in King v Melbourne Vicentre Swimming Club Inc [2021] FCAFC 123 has overturned a decision of Justice Wheelahan that…