“Sham contracting” occurs where an employment relationship (contract of service) is disguised as an independent contracting arrangement (contract for services). Sham contracting may be undertaken...
Employees who are ill or injured must be carefully managed throughout the employment life cycle including during recruitment, while employed and if their employment is terminated. During recruitment, the...
If an employer fails to keep records or provide pay slips as required under ss 535–536 of the Fair Work Act 2009 (Cth) (FW Act) (and Pt 3.07 of the Fair Work Regulations 2009 (Cth) (FW Regulations...
Part 3-1 of the Fair Work Act 2009 (Cth) (FW Act) provides broad-ranging protection for employees, independent contractors and employers against “adverse action” (see Guidance Note: Who can...
The “general protections” provisions in Pt 3-1 of the Fair Work Act 2009 (Cth) (FW Act) contain various protections for employees, independent contractors, employers and other persons. Some...
Best practice employers will take steps to ensure acceptable behaviour in the workplace. If applicable standards of behaviour are not met, employers may need to manage employees' conduct, which includes...
Employee entitlements come from various sources, including industrial instruments, legislation, contracts of employment and policies. The provisions setting out employee entitlements in the Fair Work Act 2009 (Cth) (FW Act) are civil penalty provisions.
Authored by the LexisNexis Legal Writer team.
Unpaid or underpaid employee entitlements commonly present in four typical scenarios:
Primary liability lies with the employer, however persons involved in the contravention can be liable as accessories (including franchisors or holding companies). Where the liability relates to vulnerable persons and/or is particularly serious, penalties can be significantly higher.
Employees have minimum paid entitlements, some of which depend on whether the employee is a full-time or part-time employee, a casual, a pieceworker or an outworker.
These include NES entitlements, paid entitlements under industrial instruments (eg minimum wage rates, overtime, penalty rates and other allowances), compulsory superannuation, workers compensation insurance and minimum wage rates set by the annual National Minimum Wage Order.
Independent contractors may also be entitled to compulsory superannuation and workers compensation insurance if treated as “deemed employees” under that legislation.
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