Australia's leading
workplace relations specialists.

Subscribe to The Informant Newsletter
Home/Subscribe to The Informant Newsletter

Subscribe to The Informant Newsletter

The latest from FCB

View all posts
Brittany Byrne

What happened to Respect@Work?

April 29, 2022

In March 2020, the much-anticipated Respect@Work Report was released by the Australian Human Rights Commission (AHRC), the outcome of an 18-month inquiry into sexual harassment in Australian workplaces. The investigation was led by Kate Jenkins, Australia’s Sex Discrimination Commissioner, and her report outlined 55 recommendations for government, business and community sectors to consider in relation to the prevention of, and in responding to, sexual harassment.  The Respect@Work Report revealed that sexual harassment in the workplace is pervasive and widespread. A year later – about the time Brittany Higgins made allegations of sexual assault in her employment with the Federal Government – advocates across the country gathered at #March4Justice rallies, calling on the Federal Government to implement all 55 of Ms Jenkins’s recommendations. One month later in April 2021, the Federal Government responded with its ‘Roadmap for Respect’ committing to implement most, but not all, of the 55 recommendations.   On 2 September 2021, the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Respect@Work Act) was enacted...
Rod Marshall

Alexandra Sullivan has been short-listed for the Lawyers Weekly 30 Under 30 Awards 2022.

April 22, 2022

We are delighted to announce that Alexandra Sullivan, Senior Associate in the FCB Workplace Law Sydney team, has been announced as a finalist in the LawyersWeekly 30 under 30 Awards in the Employment & Workplace Relations category for 2022. The Lawyers Weekly 30 Under 30 Awards is the premier event in showcasing the depth of talent in the nation’s young gun lawyers, recognising their success and their passion for the business of law. The finalist list, which was announced on Wednesday, 20 April, features over 270 high-achieving professionals across 31 submission-based categories. Reaching the finalists stage is regarded as an incredible achievement across the Australian legal industry, showcasing the depth of dedication and commitment each individual brings to advancing the industry. Lawyers Weekly editor Jerome Doraisamy said: “There is no bigger or better celebration of the myriad achievements of Australia’s emerging generation of leaders in law. “With the market looking ahead to a post-pandemic landscape, and the nature of legal service delivery still evolving, it is increasingly challenging for young legal professionals to make their mark...
Nick Tindley

Gazing into the crystal ball: employment and industrial relations in 2022

March 12, 2022

Having come out of the most unpredictable and tumultuous two years of most of our lives, we had hoped that 2022 would bring stability and a return to something like normal. Omicron has changed this, at least for the moment. In addition, the world of employment and industrial relations is rarely stable and 2022 looks likely to bring change that will impact every business.  So, what can we expect? Gazing into our crystal ball, we think it is likely we will see:  Federal and State legislative change.  Award changes.  Significant decisions.  Legislative change  Naturally, the extent of national IR legislative change will hinge on the 2022 Federal Election outcome. A Coalition win is unlikely to result in any substantial changes to the Fair Work Act 2009 (Cth) (Act), although the makeup of the Senate, post-election could encourage the Coalition to take another run at the changes that were proposed early in 2021, in particular in relation to enterprise agreements and compliance and enforcement.   On the other hand, an ALP win is very likely to result in significant change in a number of matters, including in what the union movement describes as insecure work – casual and...
Fair Work Ombudsman commences legal action against NDIS plan management provider

Fair Work Ombudsman commences legal action against NDIS plan management provider

March 9, 2022

A Melbourne based NDIS plan-management provider and its sole director are facing Court after failing to comply with a Compliance Notice issued by the Fair Work Ombudsman (FWO). The FWO issued a Compliance Notice in July 2021 to Kukoon Pty Ltd (Kukoon) following a request for assistance from a former employee. The employee is believed to have been underpaid entitlements owed under the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award) and the National Employment Standards (NES), including minimum wages, payment in lieu of notice, and accrued annual leave. The FWO is seeking penalties which could be up to $33,300 for the Company and up to $6,660 for the director. Additionally, the FWO is seeking an order for the employer to comply with the Compliance Notice and rectify the alleged underpayments in full, plus superannuation and interest. The commencement of proceedings by the regulator demonstrates the importance of complying with a Compliance Notice, or risk being taken to Court where lawful requirements are not complied with. FWO Sandra Parker has said “Where employers do not comply, we will take appropriate action to protect...
FCB lawyers ranked in Doyle’s Guide 2022

FCB lawyers ranked in Doyle’s Guide 2022

March 7, 2022

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 2022. In addition, we are proud to have three professionals listed in the 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 Rod Marshall, Partner & Solicitor from FCB Workplace Law have been recommended in the Leading Employment Lawyers (Employer Representation) category for NSW. The 2022 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. Alex Kaufman Head of Migration & Solicitor...
FCB lawyers ranked in The Legal 500 Asia Pacific 2022

FCB lawyers ranked in The Legal 500 Asia Pacific 2022

February 18, 2022

FCB is pleased to announce that two of its employees have been listed in the prestigious Asia Pacific Legal 500 guide for 2022. Campbell Fisher Managing Partner and Solicitor Director at FCB has been recognised as a Recommended Lawyer. This is the second year running that Campbell's been listed in this category. In addition, Bianca Seeto Partner and Executive Manager at FCB Workplace Law is listed as a Next Generation Partner in the guide. This marks the third 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 again and recognise the support they have received from their clients.  "FCB are expert employment and workplace lawyers. Campbell Fisher has been a leading lawyer in this field for many years and has built a firm with excellent expertise.’” FCB Workplace Law Client. Fisher is the only lawyer in Australia to be recognised as an Accredited...
Economic lifeline: temporary changes to student visa conditions

Economic lifeline: temporary changes to student visa conditions

February 16, 2022

Staff shortages are making headlines across the country as high case numbers force many into isolation. This isn’t just an issue in critical industries such as healthcare, either: the Australian Retail Association reports that 76 per cent of retailers had staff isolating in mid-January, and nearly 20 per cent had to temporarily close stores. To support businesses and keep them open, the Federal Government has announced a temporary relaxation of visa conditions for student visa holders. In this article, I explain what these changes are and what it means for industries facing critical labour shortages. What’s changed? Normally, students holding a subclass 500 visa cannot work more than 40 hours over a 14-day period while their course is in session or be employed and working before their course starts. The temporary removal of these restrictions poses a great opportunity for businesses and international students alike. Businesses can now hire and utilise international students for additional hours during the week, and students can gain more experience and increase their income. The relaxing of these restrictions extend to both existing and new student visa...
Ceri Hohner

High Court confirms contractor v employee distinction

February 14, 2022

In two much-anticipated decisions that explored the distinction between independent contractor v employee, the High Court has last week handed down its judgments in the matters of Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 and ZG Operations & Anor V Jamsek & Ors [2022] HCA 2. In both cases, the High Court overturned the preceding decisions of the Full Federal Court, placing greater emphasis on the contractual documents in place between the parties to determine the nature of their relationship. Who is a contractor? According to established employment common law concepts, an “employee” is a person who is engaged on a “contract of service.” Such a contract may be express or implied, oral or written and may be regulated by an industrial award or agreement. By contrast, an “independent contractor” is a person (or organisation) engaged by way of a “contract for service”. Companies that incorrectly represent such a relationship can be exposed to immense risk, including underpayments, breach of applicable modern awards or enterprise agreements, and sham contracting under the Fair Work Act...