Doing Business in Australia Archives - MDC Legal

accessorial liability

Accessorial Liability – Your Responsibilities Under Fair Work Act

Posted by | Articles, complaince, Doing Business in Australia | No Comments

By Mark Cox, Director and Renae Harg, Senior Associate 

Accessorial liability: if you are aware, you can be held liable

Company directors, human resource managers or other managers and accountants can be held accountable for contraventions of the Fair Work Act 2009 (FW Act). You need to be aware of the requirements under the Act and not turn a blind eye to breaches of the Act. According to the Fair Work Ombudsman, ‘Accessorial liability provisions allow us to hold anyone involved in a contravention accountable, even if the business has gone into liquidation.’ Read More

long term casual employee rights

Casual employment rights – what you need to know to avoid costly dilemmas

Posted by | casual staff, complaince, contractual entitlements, Doing Business in Australia | No Comments

By Mark Cox, Director and Lauren Wright, Law Graduate

Employer required to pay thousands in compensation to casual employee

A recent decision handed down by the Full Court of the Federal Court of Australia has resulted in heated discussion regarding long term casual employee rights. In WorkPac v Skene, despite being termed a ‘casual employee’ by his employer WorkPac,  Mr Skene was found to be a permanent employee and awarded compensation (including interest) in lieu of annual leave entitlements. Read More

Contractor arrangements subject to continued scrutiny as Foodora rider found to be an employee

Posted by | Contracts, contractual entitlements, Doing Business in Australia, independent contractor, sub contractor, unfair dismissal | No Comments

In the recent decision of Joshua Klooger v Foodora Australia Pty Ltd [2018] FWC 6836, the Fair Work Commission held that a Foodora rider who was engaged as an independent contractor was in fact an employee and, therefore, eligible to bring an unfair dismissal claim.

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Doing Business in Australia: What You Need to Know

Posted by | Articles, Doing Business in Australia | No Comments

Doing business in another country or jurisdiction can present unexpected difficulties and challenges. For foreign businesses looking to expand into Australia, complying with Australia’s industrial relations system can be particularly difficult.

However, ensuring that you meet your employment obligations and that you have sound employment practices in place is essential to the success of your Australian operations.

When does the Fair Work Act 2009 apply to your business or employees?

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