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Is it a duck or a rooster? The challenge of distinguishing between an employee and independent contractor in the new “sharing economy"

Australia - August 14 2015 For years, courts have been called upon to assess whether an individual worker is, at law, truly an employee or an independent contractor. The…

Pay back - employer undertakes to reimburse employees more than $2 million in underpayments

Australia - July 13 2016 A Victorian-based mining services company, Deepcore Australia Pty Ltd (Deepcore), has entered into an enforceable undertaking with the Fair Work…

John Tuck, Nicholas Ellery, Nick Le Mare.

Knock knock, who’s there? - what not to do when union officials seek entry to your worksite

Australia - May 9 2016 If union officials do not claim to be exercising a right of entry under the Fair Work Act, and are just allowed onto a site, they are not bound by…

Heidi Roberts, John Tuck, Nicholas Ellery.

Annualised salaries: what are the options?

Australia - February 13 2020 As of 1 March 2020, new annualised salary clauses will commence in a number of modern awards. Following substantial commentary on these new clauses…

Nicholas Ellery.

Annualised salaries and set-off clauses: are they worth the trouble?

Australia - September 9 2019 Recent high profile cases involving alleged underpayment of employee entitlements have focused attention on whether employers can rely on set-off…

Nicholas Ellery.