ARTICLES

Employment Law

Foodora Driver was an “Employee” says the Fair Work Commission

By NB Lawyers | November 26, 2018 | 0 Comments

The constant issue of not having a clear definition of what is an “independent contractor” in the Fair Work Act 2009 (Act) has reared its ugly face again as a landmark decision against Foodora was handed down.  Commissioner Cambridge found that a Foodora driver should be considered an employee whilst applying the multifactorial test. The…

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The new Casual Conversion clause – what does it mean for Employers?

By NB Lawyers | October 5, 2018 | 0 Comments

Following extensive consultations, the Fair Work Commission has inserted a model casual conversion clause into 84 Modern Awards taking effect from the 1 October 2018. The clause allows an eligible employee to request an employer to be transferred from casual to permanent employment. As it is a clause that is inserted into modern awards (as…

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“Bank of Hours Clause” – Have Bunnings showed us the way?

By NB Lawyers | September 21, 2018 | 0 Comments

Major hardware retailer Bunnings is currently in consultation with the Shop, Distributive and Allied Employees Association (SDA) and the Retail and Fast Food Workers Union (RAFFWU) in relation to a ‘Bank of Hours’

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Recent Fair Work Woes – Annual leave for casual employees

By NB Lawyers | September 10, 2018 | 0 Comments

Casual employees may get paid more on an hourly rate in exchange for amongst other things the inability to gain access to “paid” annual leave. A recent case however may cast some doubt on this.

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Domestic Violence Leave – What an Employer needs to know

By NB Lawyers | August 30, 2018 | 0 Comments

The Fair Work Commission has finalised the model Domestic Violence Clause which has taken effect since 1 August 2018. It is expected that a determination to insert the clause into all modern Awards will be made

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