22 June 2020
As restrictions continue to ease, this week has seen the Fair Work Commission hand down a number of Covid-19 related decisions, while the Federal Government continues to debate and pass legislation aimed at easing the social and economic impact of Covid-19.
More information on the various developments in the employment space this week are outlined below.
As always, a reminder that at any time you can visit our Wellbeing and Culture page, view our webinar series, listen to our podcast channel or read the most relevant Covid-19 legal insights from across our global network.
Reinstatement of seven day access period for variation of enterprise agreements
The Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020 (Cth), which introduced the temporary measure of shortening the access period of a proposed variation of an enterprise agreement from seven calendar days to one calendar day, was repealed on 13 June 2020.
Access periods, which start on or after 13 June 2020, must be for a period of seven calendar days.
You can find a link to the new regulations here.
Fair Work Commission orders reduction in redundancy payments
HyperLife Pty Ltd T/A Acme Preston has successfully applied, under section 120 of the Fair Work Act 2009 (Cth), for a variation of redundancy pay, after making four of its employees redundant in mid-April. The Fair Work Commission accepted that the employer was under significant financial strain after hearing evidence that the employer was not eligible for the JobKeeper scheme and had limited cash flow.
The employer was ordered to reduce the 12 and 13 weeks of redundancy pay to four weeks, and the six weeks of redundancy pay to two weeks.
You can find a copy of the cases here, here, here and here.
Fair Work Commission rules on JobKeeper-enabling direction
The Fair Work Commission has found that it is reasonable for an employer to give a JobKeeper-enabling direction to casuals, requiring that they perform more than their pre-Covid-19 hours. This decision was handed down after Prosegur required armoured vehicle operators to work a minimum of 25 hours per week.
You can find this decision here.
Restrictions easing across Australia
This week, a number of Australian states and territories, including New South Wales, the Australian Capital Territory and Tasmania, have relaxed their restrictions on the movement and congregation of persons, such as:
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an increase in the passenger capacity of public transport vehicles; and
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allowing a greater number of persons gather in indoor and outdoor settings.
The National Cabinet has confirmed that the 3 step framework to relax Covid-19 restrictions will be completed in July 2020.
You can find a link to the list of enforceable government directions across Australia here.
General protections bench book
The Fair Work Commission has updated the General protections bench book clarifying that employees will be protected from disadvantage or adverse findings if they choose not to download or use the CovidSafe app.
You can find this bench book on the Fair Work Commission website, or by following the link here.
Fair Work Commission decides on Covid-19 related variation
The Fair Work Commission recently considered the impact of Covid-19 in its decision on the application for variation of the Allroads Solutions Pty Ltd Enterprise Agreement 2019.
The variation related to the amendment to the payment of wages from a “weekly” to “fortnightly” basis by electronic funds transfer. The applicant cited a downtown of business due to Covid-19 requiring a reassessment of business costs. It was argued that the amendment would enable the company to maintain financial viability during the pandemic.
There was no challenge brought forward by any union/employee(s).
You can find a copy of this decision here.
Strengthening of ‘one in, all in’ principle
The Australian Greens have introduced the Fair Work Amendment (One In, All In) Bill 2020 (Cth). The new Bill, among other things, seeks to increase the Fair Work Commission’s jurisdiction to deal with disputes concerning whether an employee is eligible for the JobKeeper scheme and when dealing with disputes, the Fair Work Commission must give effect to the ‘one in, all in’ principle.
You can find a copy of the Bill here.
Amendment to the Paid Parental Leave Rules 2020
The Federal Government has recently passed the Paid Parental Leave Amendment (Coronavirus Economic Response) Rules 2020 (Cth). This new legislation amends the Paid Parental Leave Rules 2010 to assist people who have been affected by the economic impacts of the Covid-19 pandemic to be eligible for parental leave pay or dad and partner pay.
You can find a copy of the amending rules here, while a copy of the Paid Parental Leave Rules 2010 can be found here and on the Federal Register of Legislation.
CATALYST // INSIGHTS
Future Cities Series: Prioritising and funding sustainable infrastructure in a post-Covid era
This week, we launched our Future Cities Series: Views from our sector experts which examines the most pressing issues and opportunities facing our cities as urban lockdowns and social distancing have called into question some of the cornerstones of city life: proximity, interaction, convenience and vitality among them.
Weekly webinar
Next week’s webinar will be about leading in extraordinary times.
On 1 May 2020, Justin D’Agostino began his role as the new Hong Kong based Global CEO of Herbert Smith Freehills. Interviewed by Fatim Jumabhoy (Partner, Singapore), Justin will share how he adapted his thinking and direction to lead a global organisation – and a new leadership team – through one of the most extraordinary periods of recent history, and why keeping our people connected and caring for each other was critical to the firm’s approach and success to date.
For further information, please contact:
Anna Creegan, Partner, Herbert Smith Freehills
