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Is The Law Keeping Up With Workplace Arrangements?

Date: September 2020
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JobKeeper 2.0 

  • Updates to JobKeeper legislation 
  • Who is considered a legacy employer 
  • What's new under 2.0? 

The casual conundrum continues 

  • With the lack of definition of casual employee in the Fair Work Act, employers have been turning to the common law. Including the critical engagement, commitment, and conduct. 
  • Including case overviews of WorkPac v Skene [2018] FCAFC 131 and WorkPac Pty Ltd v Rossato [2020] FCAFC 84
  • Practical tips for managing your casuals 
  • Key clauses to examine in casual contracts 
  • Modern award casual conversion 
  • Reasonable business grounds 

Independent contractors

  • Defining contract/on-demand work
  • Including case overviews of CFMMEU v Personnel Contracting [2020] FCAFC 122 and Amita Gupta v Portier Pacific and Uber Eats [2020] FWCFB 1698
  • How the gig economy platform for on-demand work is likely to drive legal reform 

Modern awards and underpayments 

  • Modern award system and compliance and complexities 
  • Underpayments as the biggest risk facing employers 
  • Role of the Fair Work Ombudsman and the recent guidance on self reporting 

Reform 

  • Working groups overview
  • Award simplification, proposal by Council of Small Business Organisations 
  • Enterprise bargaining, covering the problem of the BOOT 
  • Additional suggested reforms including "safe harbour" provisions using approved payroll software and casual conversion for all
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