Employment Law and Workplace Safety

Uber Drivers – Employee Or Independent Contractor?

The distinction between employment and other contracting arrangements can have a significant impact on the obligations and penalties that businesses are exposed to.

In a recent decision, the Fair Work Commission determined that a Victorian Uber driver failed to satisfy the “work-wages bargain”, which is considered to be fundamental to employment and was deemed to be an independent contractor.

Casuals Now Entitled To Overtime

On 12 December 2017, the Fair Work Commission (FWC) varied a number of modern awards to include overtime rates for casual employees.

FWO Pursues Caltex Franchisee

In 2016, the FWO randomly audited 15 franchisees to ensure compliance with the Fair Work Act. Due to discrepancies discovered during the audit, Aulion Pty Ltd will shortly appear in court in relation to the alleged underpayment of overseas workers and falsification of employment records.

Accounting Firm Faces Penalties Under Accessorial Liability Provision

The Fair Work Ombudsman has, for the first time, used the accessorial liability provisions in section 550 of the Fair Work Act 2009 against an external accountant who helped their client to exploit a vulnerable employee.