Media & Podcasts

Dynamic Business: Tips for Setting Up a...

In a recent Dynamic Business article, Hicksons’ Partner, Adam Henderson provides tips on setting up a new business.

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Blog

Industrial Manslaughter – A New Offence for...

A new offence and serious penalties are now in action across NSW for PCBUs (employers, businesses and the like) and officers (including directors and some senior executives) whose actions or inactions lead to the death of a worker. Although there are no specific new WHS obligations to be aware of, there are new consequences. It is now more important than ever for organisations and senior executives to educate themselves on their obligations under WHS legislation.   

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Media & Podcasts

Lawyers Weekly: Will The Right To Disconnect...

“Understanding what is considered ‘reasonable’ and ‘unreasonable’ for out-of-hours contact in the workplace is a theoretical issue at this point in time.”

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Employee or Contractor? What the law says about Sham Contracts

Employee or Contractor? What the law says about Sham Contracts

What are the new changes, and how can my business defend itself against sham contracting claims?   Employment relationships can be complex, and understanding how to manage them is often key. Most would think that the law was clear on who is considered an employee, and who is a contractor? In this case, you would be wrong.    
Blog
Employing Workers On Fixed Term Contracts – The Rules Have Changed

Employing Workers On Fixed Term Contracts – The Rules Have Changed

In the whirlwind of 2023 employment law reform, the unfettered power for employers to engage employees on indefinite rolling fixed term contracts was kicked to the curb from 6 December 2023 (although some industries may still have until 1 July 2024 before these rules apply to them).   A fixed term contract is an employment contract that terminates at the end of an identifiable period, for example, on a specified date or when a specific project is completed. Many businesses use these to engage workers for a two-year period, followed by a second, third, or forth two-year period (for example).  
Blog
Fair Work Commission Annual Review 2022 - 23

Fair Work Commission Annual Review 2022 - 23

The Fair Work Commission has conducted a thorough review and has decided to increase all modern award minimum wage rates by 5.75%, effective from the first full pay period on or after 1 July 2023.
Blog
Important Information for Sponsoring Skilled Workers – What is the TSMIT, How is it changing, and What will it cost me?

Important Information for Sponsoring Skilled Workers – What is the TSMIT, How is it changing, and What will it cost me?

As experienced immigration lawyers, our Hicksons Migration Assistance Service (H-MAS) team regularly advises businesses and their employees on how to successfully navigate the Australian migration system. In recent times, Hicksons has observed an increasing number of employers with critical skills shortages which has subsequently impacted business productivity. Many are turning to skilled visas to compensate for shortcomings in their staffing structure with the intent of increasing business certainty.
Blog
Employment law update sees significant changes to the workplace - The Secure Jobs Better Pay Act 2022

Employment law update sees significant changes to the workplace - The Secure Jobs Better Pay Act 2022

As all employers in Australia know, our workplace laws are complicated and regularly change, often without notice. A change of government inevitably sees a transformation in the industrial relations landscape, impacting how businesses employ and manage their staff. As such, we have now seen yet another post-election employment law change, with the passing of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Act). This amends the Fair Work Act 2009 and brings some huge changes to Australian workplace law. We have outlined some of the key changes impacting businesses below.
Blog
Has the worker suffered consequential conditions? The PIC says no

Has the worker suffered consequential conditions? The PIC says no

In the recent case of Govindan v Capital Safety Group (Australia) Pty Limited [2022] NSWPIC 588, Member Cameron Burge of the Personal Injury Commission (PIC) held that a worker did not suffer a claimed consequential cervical spine condition and gastrointestinal condition, as a result of not having recorded sufficient history and medical evidence.
Blog
New changes to the Fair Work Act for casual employees – What you need to know

New changes to the Fair Work Act for casual employees – What you need to know

You may have heard through the media that the Australian Government has passed changes to the Fair Work Act 2009 (Cth) (FW Act) legislation regarding casual employees.  
Blog
Omnibus Bill: The end of ‘double dipping’

Omnibus Bill: The end of ‘double dipping’

Following the decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato Decision), many casual employees in Australia were likely to have been categorised as permanent employees, on the basis that they:
Blog
Casual employees’ right to be converted to permanent employment – cost implications for employers

Casual employees’ right to be converted to permanent employment – cost implications for employers

The recent decision in WorkPac Pty Ltd v Rossato saw the Federal Court decide that a casually employed worker was actually a permanent employee.
Blog
122 Modern Awards - a confusing maze for business

122 Modern Awards - a confusing maze for business

The Fair Work Ombudsman is vigorously prosecuting employers for breaches of awards and the Federal Court are making orders for very significant civil penalties where breaches are established.
Blog
Dealing with injured employees when evidence of their capacity to safely return is light

Dealing with injured employees when evidence of their capacity to safely return is light

A prudent employer, faced with an employee who has taken leave due to an illness or injury and wants to return to work, should consider what information it needs to be satisfied the employee can safely return to work.  This can prove difficult if the employee is non-communicative, refuses to provide information about the injury or condition beyond generic medical certificates or does not attend medical assessments.

  • 24 Apr 2017

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