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.
From 1 October 2018, 85 additional modern awards now include a new casual conversion clause. All employers, who operate under an effected modern award, must be aware of their rights and obligations concerning the new model casual conversion clause.
Effective 1 August 2018, the Australian Fair Work Commission added five days of unpaid leave to all employees, including casual awards, to deal with family and domestic violence.
In finding that an employer misconstrued a common abbreviation in its own enterprise agreement, Qube Ports Pty Ltd has been required to withdraw final warnings issued to seven employees following a recent decision of the Fair Work Commission that highlights the importance of meticulous legal drafting.