Category: Employment Law

What is the meaning of a latent condition?

A latent condition is a physical condition on or near a relevant site that could not have been reasonably anticipated by a contractor at the time of tendering. The contractor is required to have conducted all reasonable inspections of the site …

Termination on Medical Grounds in Australia 

It may come as no surprise that an employee cannot be terminated from their place of employment due to a temporary illness or injury causing their absence. The Fair Work Act and relevant State or Territory workers’ compensation laws protect employees …

Gardening leave in Australia

Gardening leave does not refer to leave granted by your employer to tend to your garden. Instead, gardening leave is often outlined in employment contracts and enforceable when an employee is either terminated or resigns, and is required by the employer …

What is PAYG withholding?

At the end of each financial year, many business owners struggle to comprehend how to process the many elements of both their company and employees’ taxes. For this reason, it is essential that employers utilise PAYG withholding, an accurate system which …

How long does an enterprise agreement last?

Enterprise Agreements (otherwise known as Enterprise Bargaining Agreements) , can seem  complex in the beginning, but often it is simpler and more efficient in the long term. As each Enterprise Agreement can be tailored to meet the needs of a business, …

The High Court’s take on casual employment

The difference between casual employment and permanent employment is one all business owners should be aware of. The following post outlines one case examining the difference between permanent and casual employment. WorkPac Pty Ltd v Rossato & Ors In the first …

Casual vs Part Time Arrangements

Having appropriate employment agreements in place is vital to ensure that your business understands employee entitlements and is compliant with the Fair Work Act 2009 (Cth). You should know the difference between casual vs part time arrangements. For example, casual employees …

What is an enterprise agreement?

What is an enterprise agreement? If you are an Australian business owner with employees, you should be aware of relevant industry Awards that apply to your staff that set out minimum wages, leave and other entitlements. Entering into an enterprise agreement …

How to spot a sham contracting arrangement

Serious consequences arise where an employment relationship between a business and a worker is incorrectly and/or deliberately classified as an independent contractor relationship. Some businesses will intentionally do this to avoid paying employee entitlements, such as paid leave and superannuation. Mischaracterising …

Contractor vs employee: what’s the difference?

When engaging a worker for your business, it is important to determine whether that worker is an independent contractor vs employee. It is critical to determine which relationship exists, as employees and contractors have different rights and entitlements that your business …