News

JobKeeper Fair Work Flexibility Rules 2.0

The current JobKeeper flexibility rules under the Fair Work Act 2009 allow eligible employers who qualify for the JobKeeper scheme to issue enabling directions and make enabling requests to eligible employees, including to stand them down, reduce their hours of work, perform other duties, change location of work, take annual leave and work at different…

High Court majority overturns full Federal Court Mondelez decision, restoring traditional sick leave accrual rules

By Chao Ni, Principal, MST Lawyers In our 28 November 2019 and 28 February 2020 legal bulletins, we highlighted the significant Federal Court decision in Mondelez v AMWU [2019] FCAFC 138 (the Mondelez decision). In the Mondelez decision, the Full Federal Court (by two to one majority) determined that all full time and part time…

Queensland records its first industrial manslaughter conviction in an Australian first

By Chao Ni, Principal On 11 June 2020, the Brisbane District Court delivered its judgment in the case of R v Brisbane Auto Recycling Pty Ltd & Ors [2020] QDC 113. The defendants, Brisbane Auto Recycling Pty Ltd (BAR) and its two directors Mr Hussaini (aged 25) and Mr Karimi (aged 23), were each charged…

Owner Truck Drivers found to be Employees by Federal Court

By Renee Karakinos, Lawyer, and Chao Ni, Principal This article is written about the case of Jamsek v ZG Operations Australia Pty Ltd [2020] FCAFC 119. In the above case, the Full Federal Court unanimously ruled that two truck drivers, who had worked exclusively for a company for 40 years, were employees and not independent…