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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...

Coronavirus update 23 November 2020 – Victoria’s restrictions ease further

Coronavirus update 23 November 2020 – Victoria’s restrictions ease further

November 23, 2020

By Bethany Silverman, Workplace Relations Consultan On Sunday 22 November 2020, Victorian Premier Daniel Andrews announced that COVID-19 restrictions would ease further after the state recorded zero new cases in the past three weeks. After months of hard restrictions and currently, just one active case of COVID-19 in the state, it’s looking positive that Victorians can enjoy a somewhat “normal” holiday season. What you need to know The following changes are effective from 11:59 PM on 22 November 2020 and apply across the state: Masks – one of the biggest changes is easing the requirement to wear masks at all times when outside of your home. While face masks remain mandatory in some settings, they’re no longer mandatory when outdoors, provided you remain 1.5 metres away from people you don’t live with. If you’re not able to socially distance outdoors, for example on public transport, at outdoor markets, and walkways, you must wear a face mask. People must, at all times, carry a face mask with them. Social gatherings – there are no restrictions on reasons to leave home or restrictions on how far one may travel. Public gatherings have increased to a maximum of 50...

Fair Work Commission amends casual overtime entitlement

Fair Work Commission amends casual overtime entitlement

November 19, 2020

By Amanda Curatore, Senior Workplace Relations Consultant As part of the Fair Work Commission (FWC) 4 yearly modern review process, the FWC recently handed down a decision which addressed casual employees’ entitlement to overtime rate under numerous modern awards, including the Fitness Industry Award 2010 (Award). Following a formal review of the Award, which has taken many years to finalise, the FWC recently determined that the Award will be amended to reflect that casual employees are entitled to overtime penalty rates in accordance with clause 19.1 of the Award. Historically, a casual employee’s entitlement to overtime rates was the subject of a dispute and requested variation to the Award. This recent decision as determined this issue such that casuals will now be entitled to overtime rates where they work: outside the span of ordinary hours (5AM – 11PM Monday to Friday, and 6AM – 9PM Saturday and Sunday); over 38 hours in a week averaged over four weeks; or over 10 hours in any one day. The FWC further found that the specified overtime penalty rates do not include the casual loading, either on a cumulative or compounded basis. A determination has been issued of...

Coronavirus update 19 November 2020 – South Australia enters ‘circuit-breaker’ restrictions

Coronavirus update 19 November 2020 – South Australia enters ‘circuit-breaker’ restrictions

November 19, 2020

By Bethany Silverman, Workplace Relations Consultant In the last week, South Australia has experienced a resurgence of COVID-19 cases. In response to the outbreak, on 18 November 2020, the South Australian Government announced it would impose COVID-19 restrictions to attempt to avoid a ‘second wave’ leading into the Christmas and Holiday Period and prevent further spread. What are the restrictions? From 12:01 AM on Thursday 19 November 2020, for six days, a ‘circuit-breaker’ lockdown will be imposed on South Australia. People must remain at home for this period. Whilst the list is not yet complete, the following industries are permitted to remain operational to maintain critical services only: Critical infrastructure including power, telecommunications, and water; Supermarkets for essential food; Bottle shops; Medical supplies and medical services; Public transport; Airport and essential freight; Petrol stations; Post offices and banking institutions; Childcare and schools for essential services workers only; Veterinary; Essential agriculture services; Factories remain open for essential machinery upkeep and production of essential...

Lockdown restrictions ease in Victoria

Lockdown restrictions ease in Victoria

October 27, 2020

By Amanda Curatore, Senior Workplace Relations Consultant  Premier Daniel Andrews has announced that the state will ease lockdown restrictions as of 11:59 PM on Tuesday 27 October 2020, after the state recorded zero new cases on Monday 26 October. It’s been 12 weeks since Victorians went into lockdown.   What do you need to know? Effective from 11:59 PM on 27 October 2020, Metropolitan Melbourne will see significant steps out of lockdown. The most crucial change coming into effect is that the four reasons to leave your home (being shopping for essentials, caregiving, exercise or work) will be lifted, however, Melbourne residents will still be subjected to the 25-kilometre travel limit and the border between regional Victoria and Greater Melbourne will stay in place.   Businesses re-opening Retail will re-open subject to being COVID Safe. People must maintain 1.5 metres from others; Hospitality will re-open subject to a maximum of 20 people indoors and a maximum of 50 people outdoors; Beauty, personal care and tattooing business can re-open if the service provided allows for the wearing of a face mask from both employees and visitors of the business...