From 1 December 2018, modern awards will include new rules regarding requests for flexible work arrangements. The variations are essentially aimed at enhancing the obligations of employers in dealing with requests for flexible working arrangements and providing an avenue for resolving disputes under the dispute resolution provisions.
Furthering the confusion of whether a worker is a Contractor or an Employee, the Fair Work Commission has recently determined that a Foodora delivery rider, who delegated his responsibilities to other delivery riders, was an Employee for the purpose of making an unfair dismissal claim.
This decision comes on the back of the Fair Work Commission’s previous determination that an Uber driver was a Contractor, and was therefore not entitled to make an unfair dismissal claim.
The Victorian Government has continued its review of employee Long Service Leave entitlements, with the passing of the Long Service Benefits Portability Act 2018. This new legislation will extend portable long service leave to employees working in the contract cleaning, community service and security industries.
A recent case demonstrates the Fair Work Ombudsman’s commitment and willingness to protect vulnerable, exploited employees by holding not only businesses accountable for contraventions of the Fair Work Act 2009 but also external advisors who are involved in the contravention. If an advisor is found to be involved in a contravention of the Act, they will be found to have accessorial liability, and significant penalties can be imposed on them.