Julia Wyatt

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Articles

New rights for independent contractor in unfair arrangements

Nov 13, 2024 | hcamag.com | Michael Selinger |Julia Wyatt

Changes to unfair contracts may bring increase in disputes Under the recent Closing Loopholes laws, new protections have commenced for independent contractors alleging unfair contract terms. This is one of the key reforms that came into effect on 26 August 2024. Organisations that engage independent contractors should take steps to ensure the relevant contracts are compliant.
New rights for independent contractor in unfair arrangements

Oct 14, 2024 | mondaq.com | Michael Selinger |Julia Wyatt

Under the recent Closing Loopholes laws, new protections have commenced for independent contractors alleging unfair contract terms. This is one of the key reforms that came into effect on 26 August 2024. Organisations that engage independent contractors should take steps to ensure the relevant contracts are compliant. In particular, the changes regarding the unfair contract regime in the Fair Work Commission (FWC) will likely bring an increase in contractor disputes. What's changed?
NSW Government Bulletin: Can a labour hire worker claim an unfair dismissal?

Sep 25, 2024 | mondaq.com | Stephen Trew |Julia Wyatt |Chloe Hamer

The labour hire market has grown steadily over many years. In June 2023, the Australian Bureau of Statistics reported that 327,100 people had a job in the labour supply services sector and for 82.7 per cent of these workers, it was their main job. This total number of workers in the sector equates to 2.3 per cent of the employed workforce. In addition, the Australian Bureau of Statistics reported that 81.2 per cent of labour hire workers worked full time.
NSW Government Bulletin: Can a labour hire worker claim an unfair dismissal?

Sep 12, 2024 | lexology.com | Stephen Trew |Julia Wyatt |Chloe Hamer |Tracy Tang

The labour hire market has grown steadily over many years. In June 2023, the Australian Bureau of Statistics reported that 327,100 people had a job in the labour supply services sector and for 82.7 per cent of these workers, it was their main job. This total number of workers in the sector equates to 2.3 per cent of the employed workforce. In addition, the Australian Bureau of Statistics reported that 81.2 per cent of labour hire workers worked full time.
When does an employee's social media comment cross the line?

Feb 7, 2024 | mondaq.com | Michael Selinger |Julia Wyatt

The public attention around Antoinette Lattouf's dispute with the ABC has brought into sharp focus the right of an employer to take action if an employee posts social media comments contrary to the policies, directions or interest of the employer. But what are the rules? When will there be valid grounds for an employer to dismiss an employee for such conduct, including other behaviours that take place outside of the usual work hours?
The first Secure Jobs flexible working dispute: What did the FWC have to say about making a valid request? (Part 1)

Nov 28, 2023 | mondaq.com | Stephen Trew |Julia Wyatt

In Jordan Quirke v BSR Australia Ltd [2023] FWCFB 209 (10 November 2023), the Full Bench of the Fair Work Commission (FWC) has considered the Secure Jobs flexible working request dispute provisions for the first time. In delivering its decision, the Full Bench took the opportunity to set out the key requirements for a proper request which the FWC can consider. It also made some pertinent comments concerning what constitutes a "disability".
The first Secure Jobs flexible working dispute: What did the FWC have to say about making a valid request? (Part 1)

Nov 22, 2023 | lexology.com | Stephen Trew |Julia Wyatt

In Jordan Quirke v BSR Australia Ltd [2023] FWCFB 209 (10 November 2023), the Full Bench of the Fair Work Commission (FWC) has considered the Secure Jobs flexible working request dispute provisions for the first time. In delivering its decision, the Full Bench took the opportunity to set out the key requirements for a proper request which the FWC can consider. It also made some pertinent comments concerning what constitutes a “disability”.
The second Secure Jobs flexible working dispute: Is there an ability to require an employee to return to the office? (Part 2)

Nov 22, 2023 | lexology.com | Stephen Trew |Julia Wyatt

In a second decision within 10 days, the Fair Work Commission (FWC) has determined a dispute arising under the new flexible working provisions of the Fair Work Act 2009 (Cth) (FW Act). In Charles Gregory Gregory v Maxxia Pty Ltd (2023) FCW 2768 [16 November 2023] Mr Gregory sought orders to allow the flexible working arrangement he requested due to his childcare responsibilities and health related reasons.
Don't wing your outsourcing decisions: Takeaways from the Qantas decision

Sep 26, 2023 | mondaq.com | Jennifer Van Bronswijk |Julia Wyatt

The High Court of Australia's recent decision in Qantas Airways Limited v Transport Workers Union of Australia [2023] HCA 27 confirms that an employer is prohibited from taking adverse action against an employee to prevent the exercise of a future workplace right. Whilst significant, this decision does not suggest that employers should avoid outsourcing arrangements.
Recent changes to unpaid parental leave requirements

Sep 25, 2023 | mondaq.com | Jennifer Van Bronswijk |Julia Wyatt

We revisit the recent changes to unpaid parental leave that came into effect in July and outline measures employers can take to comply with the revised legislation. The legislation is now gender neutral: References to 'maternity leave' are replaced with 'parental leave'. Flexible commencement: Unpaid parental leave can now be taken at any time within 24 months after the birth of the child, whereas before, it was restricted to 12 months after birth.