No Good Deed Goes Unpunished

The case of Tjoputra v Secretary, Attorney-General's Department [2021] AATA 1596 illustrates a "decision accordingly to law producing a result which is both unfair and unjust". That was the unedifying description given to it by th...

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Fair Work Commission decides Deliveroo riders are employees. What about the rest of the gig economy?

On 18 May 2021, the Fair Work Commission decided that a Deliveroo food delivery motorbike rider was an employee, not a contractor, and that his dismissal by email had been unfair.  Deliveroo was ordered to reinstate the worker an...

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Deal or No Deal?

There have been two recent cases in the Fair Work Commission where the employee has challenged the settlement reached at conciliation. In one, the deal was undone and in the other, the employee was held to the terms of the settlem...

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Fair Work Reforms Bring Certainty to Casual Employment

Recent reforms to the Fair Work Act 2009 (FW Act) offer greater certainty about the rights and obligations that govern casual employment. On 26 March 2021, the FW Act was amended to introduce: A new definition of casual em...

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COVID-19 Vaccines – Critical Questions for your Workplace

Guidance for the vaccine roll out in Australian workplaces was released by the Federal Government on 19 February 2021.  This took place via a media release from Christian Porter, Minister for Industrial Relations and updated guid...

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Why assumptions should never replace good preparation

When employers and employees appear at the Fair Work Commission, they do not have the automatic right to be represented by a lawyer.  Unlike in other jurisdictions, it is assumed a party will represent themselves, unless the FWC ...

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