Pendlebury
workplace law

Pendlebury Workplace Law is a specialist workplace relations and employment law legal practice based in Sydney.

Entitlements

Accrual of Leave Entitlements and Workers Compensation

The accrual of leave entitlements (such as, personal leave, long service leave, and annual leave), whilst receiving workers compensation payments is a matter which is dealt with by the National Employment Standards (‘NES’) in the Fair Work Act 2009 (Cth) (‘FWAct’). Section 130 of the FWAct provides that an employee is not entitled to take, or accrue, […]

Brooke Pendlebury
Tuesday, March 13, 2012
Entitlements


Changes to Penalty Rates – more than 100 hearing days

The employer bid to change penalty rates is shaping as a massive case in the Fair Work Commission that will run until late next year, with almost 200 witnesses to be called over  The Fair Work Commission’s President, Justice Iain Ross, outlined the scale of the case, and set out the timetable for hearings by […]

Brooke Pendlebury
Monday, December 29, 2014
Casual Employment, Entitlements, News


Employers – When Can Monies be Deducted from Employee’s Wages?

This is a warning to employers to be careful when deducting monies from an employee’s wages, especially in the absence of any specific provision permitting such action under the applicable industrial instrument, federal or state legislation or the contract of employment. Generally, in the absence of a specific statutory provision, an employer is prohibited from […]

Brooke Pendlebury
Monday, March 19, 2012
Entitlements, News


Fair Work Ombudsman Investigation – Unregistered Apprentice and Underpayment

A teenager, employed as a carpenter, was allegedly underpaid more than $8,000 by a construction company in Queensland, according to a further Fair Work Ombudsman prosecution. JDAC Pty Ltd (JDAC), the employer and construction company, allegedly paid the full-time carpenter apprentice rates between June 2008 and February 2009, despite the fact that the employee was not formally registered as […]

Brooke Pendlebury
Friday, March 9, 2012
Entitlements, News, Workplace Investigations


Federal Court Decision on Labour Hire Sham Contracting Arrangement – Avoiding Employer Obligations

The Federal Court has found that shifting seasonal workers to a new employer after they had worked 40 hours a week constituted a “sham” contracting arrangement with the purpose of avoiding paying overtime. Her Honour, Justice Collier held that a Queensland fruit farm owned by a family trust was in fact the employer of the workers for the […]

Brooke Pendlebury
Wednesday, June 11, 2014
Entitlements, News


Federal Court Upholds Adverse Action Finding Against Qantas

The full Federal Court has rejected a Qantas challenge to a Federal Magistrates Court decision that it coerced and took adverse action against an aircraft engineer who complained about being underpaid while on an overseas posting. The full court found that Federal Magistrate Raphael was correct in his findings and rejected the Qantas’ contention that […]

Brooke Pendlebury
Thursday, May 10, 2012
Entitlements, News


Largest ever Court Imposed Fine for Breaching 457 Visa Sponsorship Obligations

Five weeks after ordering Darwin-based Choong Enterprises to pay the largest-ever court-imposed fine for breaching 457 visa sponsorship obligations, the Federal Court has directed the Company to backpay 7 of the Filipino workers involved, totalling more than $100,000. Justice Mansfield found in April 2015 that Choong Enterprises Pty Ltd (which operates a number of fast food […]

Brooke Pendlebury
Sunday, June 21, 2015
Entitlements, News, Workplace Investigations


Long Service Leave Entitlement in NSW

The Long Service Leave Act 1955 Applies to all employees in NSW – full time, part time and casual, Entitlement – 2 months (8 2/3 weeks) after 10 years, 1 month (4 1/3 weeks) after each additional 5 years, Pro rata entitlement after 5 years service, under some circumstances,* Must be taken as leave or […]

Brooke Pendlebury
Friday, September 16, 2011
Entitlements


Penalty Rate form part of the Modern Award Review

Penalty Rate form part of the Modern Award Review The Fair Work Commission full bench is conducting the four-year review of modern awards, and shall consider any possible changes to penalty rates towards the end of the process. The tribunal, in a statement this week, said that awards where penalty rates might be a “contested […]

Brooke Pendlebury
Wednesday, August 20, 2014
Entitlements, News


Pizza Shop on the Gold Coast – Alleged Underpayment of $20,000 – Fair Work Ombudsman Prosecution

The Office of the Fair Work Ombudsman is prosecuting the operator of a Surfers Paradise pizza shop for allegedly underpaying 27 cooks, kitchen-hands, customer service attendants and delivery drivers almost $20,000. It is alleged the 27 Mondo Pizza staff were underpaid $19,093 between December 2009 and October 2010. Many of the workers were from non-English […]

Brooke Pendlebury
Friday, March 16, 2012
Entitlements, News, Workplace Investigations


Recent decisions of Federal Court Circuit re underpayment claims from employees – liability of the directors

The following two cases are recent decisions of the Federal Court Circuit in relation to underpayment claims from employees.  You may find these interesting, especially with respect to the liability of the directors. Scotto -v– Scala Bros Pty Ltd & Anor [2014] FCCA 2374 (17 October 2014) The Federal Circuit Court has found that a […]

Brooke Pendlebury
Sunday, November 2, 2014
Entitlements, News


Redundancy and Other Acceptable Alternative Employment – Is Redundancy Payable?

A recent case before the Fair Work Commission dealt with the issue of redundancy and suitable alternative employment. In Szanto v ISS Facility Services Pty Ltd the Commission clarified the application of sections 119 and 120 of the Fair Work Act 2009 (the Act) in deciding whether a redundancy payment must be made. The Act Section 119 of the […]

Brooke Pendlebury
Thursday, October 16, 2014
Dismissal, Entitlements


Service that Counts for Long Service Leave Purposes

Generally, all absences count towards the accrual of long service leave in NSW. However, certain interruptions are not to be taken into account when calculating the period of long service. These are: Parental leave, i.e. maternity leave, paternity leave, adoption leave Absence by agreement of the employer, i.e. leave without pay The period during which […]

Brooke Pendlebury
Friday, August 17, 2012
Entitlements


Superannuation Changes 1 July 2013

Annual increases to superannuation guarantee contribution rates commence from 1 July 2013. Effective 1 July 2013 the rate rises to 9.25%, and shall continue to rise until 1 July 2019, when the rate will have risen to 12%.  Please see the table below, for your reference: Financial year SGC rate Current year 2012 – 2013 […]

Brooke Pendlebury
Thursday, June 20, 2013
Entitlements, News


Superannuation Guarantee rate increases to 9.5%,

From 1 July 2014, the Superannuation Guarantee rate increases to 9.5%, from the 9.25% that currently applies. Superannuation Guarantee (SG) is the official term for compulsory superannuation contributions made by employers on behalf of their employees.  An employer, regardless of whether they are a small or large business, must contribute the equivalent of 9.5% of an employee’s […]

Brooke Pendlebury
Sunday, July 6, 2014
Entitlements, News


What does “domestic or other pressing necessity” mean for long service leave purposes?

According to the NSW Long Service Leave Act (s 4(2)(a)(iii)), a worker who has completed at least five years of service with an employer and whose services are terminated by the worker on account of illness, incapacity or “domestic or other pressing necessity” may be entitled to pro-rata long service leave entitlement on termination. But […]

Brooke Pendlebury
Friday, August 10, 2012
Entitlements, News


When is Redundancy Pay NOT Payable?

Redundancy pay is generally notpayable under the National Employment Standards (‘the NES’) to any of the following: an employee whose period of continuous service with the employer is less than 12 months; an employee of a small business employer (a small business employer, for the purpose of determining redundancy pay under the NES, is an […]

Brooke Pendlebury
Wednesday, August 29, 2012
Dismissal, Entitlements