Posts: employee

When engaging people to perform work, businesses must be aware of the distinction between an employee and an independent contractor as there are varying legal rights, obligations and entitlements which apply to the respective working relationships.

A recent decision of the Federal Court of Australia – Full Court has provided some clarity to employers in relation to when the obligation to pay superannuation will or will not arise.

The High Court of Australia has handed down two long-awaited appeals regarding the distinction between employee and independent contractor, ultimately deciding that the answer is to be found in the terms of the written contract, with particular regard for the rights and obligations of the parties under that contract.

In April 2020, temporary amendments were introduced into the Fair Work Act 2009 (Cth) to support the JobKeeper scheme. The provisions permit eligible employers to give certain directions to eligible employees in relation to reducing hours or days of work and/or temporarily changing their usual duties, location of work or days and times of work.

In response to the impacts of the COVID-19 pandemic on businesses and employment across Australia, the Fair Work Commission (FWC) has already introduced (and proposes to further introduce) a range of temporary variations to modern awards to provide increased flexibility for employers and employees during this challenging time.

When an employer is required to make changes to the workplace which are likely to have significant effects on employees, the employer must ensure that it meets any consultation obligations which might apply under various laws and industrial instruments prior to implementing any redundancies that might arise.