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The new casual loading offset provisions explained

15/12/2020

The recent Federal Court decisions of WorkPac Pty Ltd v Rossato [2020] FCAFC 84 and WorkPac Pty Ltd v Skene [2018] FCAFC 131 have attracted a lot of media attention over the last six months, particularly around the issue of “double dipping”. They have also attracted…

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The new Casual Employment Information Statement

15/12/2020

Most people are now familiar with the Fair Work Information Statement. For those that aren’t, section 124 of the Fair Work Act 2009 (Cth) requires the Fair Work Ombudsman to prepare a statement containing information about, among other things, the National Employment Standards, modern awards and…

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The new “casual employee” definition explained

15/12/2020

On 9 December 2020 the Minister for Industrial Relations introduced the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (the Bill) into parliament. Among other things, the Bill seeks to establish a statutory definition of casual employment by inserting a new section into…

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The new casual conversion right explained

15/12/2020

The introduction of the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 has brought a number of proposed changes to the rights of casual employees in Australia. One of these changes, which was spruiked by Christian Porter as being a particularly “strong” right…

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What is constructive dismissal?

03/12/2020

The term “constructive dismissal” is often used to describe a situation where an employee has been left with no real choice but to resign from their employment. This is also sometimes referred to as a “forced resignation”.   How do I prove that I was forced…

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What is a deed of release?

03/12/2020

In an employment law context, a deed of release, which is also sometimes referred to as a “separation deed”, “deed of settlement” or “release agreement”, is usually an agreement between an employer and employee to settle all claims arising out of the employment.   When is…

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