The Full Bench of the Fair Work Commission (the Full Bench) has handed down one of the first decisions on the question of whether a food delivery driver was an independent contractor or an employee following the recent High Court decisions of CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1 (Personnel Contracting) and ZG […]
READ MOREFamous dumpling house allegedly kept both real and fake pay records to underpay workers and deceive immigration officials
A payroll officer for a famous dumpling restaurant chain said they were instructed by managers to make a fake payroll to hide staff being underpaid, a court has heard. Din Tai Fung is facing accusations in Federal Court of underpaying 17 staff a total of $157,000 for work in its Sydney outlets at Chatswood and […]
READ MOREThe Full Bench of the Fair Work Commission applied recent High Court authorities when determining that a Deliveroo driver was n...
The law regarding the characterisation of relationships between employers and workers has seen significant development this year, with the High Court handing down its decisions in CFMMEU v Personnel Contracting Pty Ltd1 (Personnel Contracting) and ZG Operations Australia Pty Ltd v Jamsek2 (Jamsek) on 9 February 2022. The High Court found in Personnel Contracting and Jamsek that, where the working relationship is governed by […]
READ MORENational Day of Mourning public holiday
The Prime Minister has declared that Thursday 22 September 2022 will be a public holiday for a National Day of Mourning for Her Majesty the Queen. Once the public holiday for the National Day of Mourning for Her Majesty the Queen is confirmed in each state or territory, normal public holiday rules and entitlements apply. […]
READ MOREJobs and skills summit outcomes
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READ MOREPay in lieu of notice
Did you know that when making a payment in lieu of notice, the payment must equal what the employee would have received had they worked their notice period, including any penalty rates, shift rates, allowances and overtime. For this and all other payroll questions you might have, join Australian Payroll Association for year round support […]
READ MOREAustralia’s national day of mourning for Queen Elizabeth II to be public holiday
Australians will get a one-off public holiday on the national day of mourning for Queen Elizabeth II later this month. Prime Minister Anthony Albanese announced that September 22 would be a public holiday to coincide with a memorial service for the Queen. “It will be a one-off national public holiday to allow people to pay their […]
READ MOREPCBU ordered to publicise work health and safety conviction
When setting a penalty for breaches of work health and safety (WHS) obligations, the Courts will look at the need for specific deterrence against the offender and also the need for general deterrence for employers and the particular industry. In SafeWork NSW v Saunders Civilbuild Pty Ltd (No 2) [2022] NSWDC 163 the NSW District […]
READ MOREBackpays
Did you know that backpays that relate to a period more than 12 months ago, and are above $1,200, are reported as Lump Sum E? If you’re not sure if a back payment should be reported to the ATO as a gross payment or lump sum E, speak to your advisor or if you are […]
READ MOREUniversity of Newcastle and Charles Sturt University sign Enforceable Undertakings after underpayments
The University of Newcastle (UON) and Charles Sturt University (CSU) are back-paying staff about $6.2 million and $3.2 million respectively, plus superannuation and interest, and have each signed an Enforceable Undertaking (EU) with the Fair Work Ombudsman. UON has admitted that between 2014 and 2020, it underpaid 7,595 employees a total of $6,269,241 owed under […]
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