News

Exposure to Coronavirus (COVID-19) in workplaces

Andrew Schoenfeld

Dear valued clients, An alert about the risks associated with potential exposure to novel (new) coronavirus (2019-nCoV) in workplaces. We have created this below advice and attached policy for your consideration and use.  Background An outbreak of respiratory illness has been caused by a new coronavirus first identified in Wuhan, Hubei Province, China. To date, most people infected are residents of China or people who have recently travelled to China. There have been a limited number of confirmed cases of this strain of coronavirus in Australia to date, including several in Victoria. A coronavirus infection can cause mild to severe...

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Annualised salaries and set-off clauses: are they worth the trouble?

Andrew Schoenfeld

As of 1 March 2020, new annualised salary clauses will commence in a number of modern awards. Following substantial commentary on these new clauses, there is some uncertainty amongst employers about the options that exist for paying an annualised salary.  Importantly, some of the challenges that many employers are now grappling with are not new, and are not affected by the impending changes to some award clauses. Given this, we thought it timely to recap the options available for employers who want to pay an annualised salary. 5 options for paying an annualised salary  When it comes to annualised salaries,...

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New Annualised Wage Requirements - 10 Days to Achieve Compliance

Andrew Schoenfeld

New Annualised Wage Requirements - 10 Days to Achieve Compliance Once upon a time, the utilisation of annualised salary provisions, including those appearing in the Clerks – Private Sector Award 2010(Clerks Award) or the Banking Finance and Insurance Award 2010 (BFI Award), was a straightforward affair. Reasonable checks and balances were in place, and compliance was practical and manageable, namely (my emphasis): Annual salary not to disadvantage employees (a) The annual salary must be no less than the amount the employee would have received under this award for the work performed over the year for which the salary is paid...

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Shifting liability from employer to host employer

Andrew Schoenfeld

Shifting liability from employer to host employer Another feature of the changing employment landscape has been the increasing outsourcing of labour and the emergence of labour hire companies. One of the principal benefits of outsourcing is that it provides flexibility in fluctuating markets. Another benefit is that organisations that adopt such a practice tend to be less exposed to liability through casual acts of negligence by its workers. However, as demonstrated by a recent decision of the Western Australian Court of Appeal,1 this is not always the case. It is well recognised that an employer will be vicariously liable for...

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Casual employment risks continue

Andrew Schoenfeld

Good Morning: Major News Alert for all HR Global Solutions Clients. WHO SHOULD READ THIS All employers, human resources managers, in-house lawyers and professionals with an industrial or employment focus. THINGS YOU NEED TO KNOW Casual employment is often fluid and can change over time. Casual employment arrangements remain subject to significant scrutiny by the FWC and Federal Courts. WHAT YOU NEED TO DO Review your arrangements with casual employees and determine if they may have protection from unfair dismissal, or if any change in the status of the employment relationship could give rise to ongoing full-time or part-time employment....

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