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Coronavirus update 29 March 2021 – Queensland enters into lockdown

Coronavirus update 29 March 2021 – Queensland enters into lockdown

March 29, 2021

By Marie Sherry, Workplace Relations Advisor at FCB Group The Queensland Government has recorded 10 new coronavirus cases overnight including four cases of community transmission. These recent cases have resulted in the Queensland Premier, Annastacia Palaszczuk announcing a three-day lockdown from 5.00PM (AEDT) on 29 March 2021 to 5.00PM (AEDT) on 1 April 2021. The restrictions apply to the greater Brisbane area which includes the Ipswich, Logan, Redlands, Moreton and Brisbane Council areas. The Government has also announced that individuals may not leave their houses unless for the following excepted reasons: Shopping for essentials, food and necessary supplies; Medical or healthcare needs, including compassionate requirements; Exercise with no more than one other person, unless all from the same household; Providing care or assistance to an immediate family member; Work, or volunteering, or study if it is not reasonably practicable to work or learn remotely; Child custody arrangements; Legal obligations; Visit for end of life; Attend funeral or wedding in line with restrictions; In emergency situations; To escape harm; If you entered the impacted area...

Benjamin Gee

Casual conversion passes through Parliament

March 23, 2021

The much-anticipated Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2021 (Bill) has passed Parliament. The Bill is a stripped-down and vastly reduced version of its original form which proposed reforms in five key areas which intended to overhaul the Fair Work Act 2009 (Cth) (FW Act). The only surviving element of the Bill now includes changes to casual employment arrangements. So, what has changed? Casual definition The question of whether a casual is actually a casual has historically caused some confusion, and in recent years, thanks to the Skene and Rossato decisions, the question of what makes a casual a casual has been a major cause of concern for employers. The Bill now provides a clear definition of casual employment: a casual employee will be deemed to be a casual employee if the employer offers employment to them on the basis that the employer makes no firm advance commitment to continuing and indefinite work according to an agreed pattern of work and that offer is accepted. Importantly, the hours the casual employee works after the employment has started will have no bearing on their casual status. To put it...

FCB lawyers ranked in Doyle’s Guide 2021

FCB lawyers ranked in Doyle’s Guide 2021

March 3, 2021

FCB Workplace Law is delighted to announce that the company has been listed as a Leading Employment Law Firm (Employer Representation) in Doyles Guide Legal Rankings for 2021. In addition, we are proud to have four of the FCB Group’s lawyers listed in the 2021 rankings. Released annually, the Doyle’s Guide rankings is a comprehensive resource for consumers of Australian legal services. Each review is objectively compiled by way of extensive research and interviews with both peers, consumers and providers of legal services. Campbell Fisher Managing Partner & Solicitor Director, and Matthew Robinson Partner & Solicitor from FCB Workplace Law have been recommended in the Leading Employment Lawyers (Employer Representation) category for NSW. The 2021 listing of leading Employer-focused NSW Employment Lawyers details solicitors practising within the areas of employment and industrial relations matters in the New South Wales legal market whose practice has a strong employer representation focus and who have been identified by the state’s employment law solicitors for their expertise and abilities in these areas. Rod Marshall Partner &...

The ins and outs of community service leave

The ins and outs of community service leave

February 16, 2021

By Bethany Silverman, Senior Workplace Relations Consultant at FCB Group Most Australians go above and beyond to help those in need – it’s in our nature to serve the community, no matter what the emergency, natural disaster or situation. You only have to think back to 2020 when our country was battling fires and cleaning up after mass flooding; we got through this thanks to the support of the people who volunteered their time and energy. So how can a business support its employees if they decide they want to assist in a crisis situation? In some circumstances, your employees are entitled to community service leave – this allows them to be absent from work when they’re participating in a particular community service activity. Community service leave also applies to other circumstances. Here, explain the entitlement and when it applies. What is the entitlement? Community service leave is an entitlement under the NES. A person is entitled to be absent from the workplace when he or she is engaged in either: jury service, including attendance for jury selection; or a “voluntary emergency management activity” that involves dealing with an emergency or a natural...

FCB lawyers ranked in The Legal 500 Asia Pacific 2021

FCB lawyers ranked in The Legal 500 Asia Pacific 2021

January 15, 2021

FCB Group is pleased to announce that two of its employees have been listed in the prestigious Asia Pacific Legal 500 guide for 2021. Campbell Fisher Managing Partner and Solicitor Director at FCB Group has been recognised as a Recommended Lawyer and Bianca Seeto Partner at FCB Workplace Law is listed as a Next Generation Partner in the guide. This is the second year running that Bianca’s been listed for this category. The Asia Pacific Legal 500 is published annually, providing unbiased insight into the legal marketplaces of 25 Asia Pacific jurisdictions. More than 300,000 clients are surveyed by the publication to learn about the lawyers they instruct. Both Fisher and Seeto are incredibly proud to be included in the guide for 2021 and recognise the support they have received from their clients.  “The team at FCB – particularly the Brisbane team led by Bianca – is amazing. They take the time to build relationships and understand our business and therefore able to deliver practical solutions while managing risk,” FCB Workplace Law Client. Fisher is the only lawyer in Australia to be recognised as an Accredited Specialist by both the Law Society of NSW and the Law...

Addressing sexual harassment in the workplace

Addressing sexual harassment in the workplace

December 14, 2020

With a number of businesses under the microscope in light of their employees raising issues of sexual harassment within the workplace, it’s important that companies know how to address these incredibly sensitive issues. What is sexual harassment? The legal definition of sexual harassment, as stated by the Human Rights Commission, is: “An unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated, where a reasonable person would anticipate that reaction in the circumstances”. This can include things such as: unwelcome touching; staring or leering; suggestive comments or jokes; sexually explicit pictures or posters; unwanted invitations to go out on dates; requests for sex; intrusive questions about a person's private life or body; unnecessary familiarity, such as deliberately brushing up against a person; insults or taunts based on sex; sexually explicit physical contact; and sexually explicit emails or SMS text messages. It’s important to note that sexual harassment by one employee to another can also happen outside the workplace. In...

Nick Tindley

Major industrial relations changes introduced to Parliament

December 10, 2020

Yesterday, the Federal Government introduced to the House of Representatives the Fair Work Amendment (Supporting Australia’s Economic Recovery) Bill 2020.  The Bill is the culmination of a six-month-long process commenced by the Government to introduce reforms that will accelerate Australia’s recovery from the impact of the COVID-19 pandemic. If passed, the Bill will vary the Fair Work Act 2009 and other legislation in the following areas: Casual employment; Compliance and enforcement; Enterprise bargaining (including greenfields agreements); and Award flexibility. We have set out below the most significant aspects of the proposed changes. Casual employment The amendments will: Provide a definition of a casual employee, which places emphasis on what the employer and employee agree to at the commencement of employment rather than the patterns of work once employment commences. Provide for a casual conversion process which requires employers of employees who have been employed for 12 months and have worked a regular pattern of hours for the last six months to either: offer the employee permanent employment; or give notice to the employee as to why...

Christmas parties in a COVID-19 world; 3 things to consider

Christmas parties in a COVID-19 world; 3 things to consider

December 3, 2020

By Isaac Chan, workplace relations consultant at FCB Group a This year has been unusual and incredibly challenging, to say the least. Aussies were hit hard at the beginning of 2020 with fires and floods and then a deadly pandemic swept the world. It’s a year many would rather forget. With the silly season fast approaching, it’s no surprise then that your employees will be looking forward to the end of year events. While many employers have decided to put a hold on the annual Christmas shindig (thanks COVID-19), there are some who have decided to celebrate with their staff and host a party. If your business has decided to celebrate 2020, it’s a good idea that employers proceed with extra caution. Here I point out a few things to consider. Christmas festivities and alcohol Whether your business has decided to hold a day function or an after-hours event, you must operate in accordance with the relevant state COVID-19 restrictions and guidelines. It’s only natural that some of your employees will want to spread some Christmas cheer while enjoying alcohol. While it’s a normal part of Christmas parties, employers need to ensure that employees are doing this safely and...

WorkPac appeal – High Court to review casual employee entitlements

WorkPac appeal – High Court to review casual employee entitlements

November 28, 2020

By Amanda Curatore, Workplace Relations Consultant The definition of casual employment is currently a hot topic, and ensuring casual employees are engaged on a basis which will prevent them from being able to later claim for permanent employee entitlements is front and centre in employers’ minds. The decision in Skene and Rossato, further complicated employers’ understanding of the nature of a casual engagement. Also, employers were confused when the Full Federal Court in Rossato did not allow WorkPac to offset Rossato’s permanent employment entitlements against the casual loading paid to him. However, on 26 November 2020, the High Court granted WorkPac special leave to challenge the decision by the Full Federal Court in Rossato. This means the High Court of Australia now has the ability to overturn the current law pertaining to casual employment. This is important as it will provide final clarification about the meaning of casual employment and casual employee entitlements. The potential cost of the Rossato decision on employers could amount to over $14 billion, meaning the High Court’s special leave to appeal this decision is quite...