New South Wales has become the first Australian jurisdiction to introduce specific modern slavery legislation. The NSW Modern Slavery Act (NSW Act) is distinct from the proposed federal Act, which is expected to be tabled for debate in the federal Parliament in the coming weeks and is also likely to pass into law with bipartisan support. Continue reading
The Labour Hire Licensing Bill 2017 (Vic) (Bill) was passed on 20 June 2018. A commencement date has not yet been proclaimed. We expect it will be soon, but if no date is proclaimed the legislation will commence no later than 1 November 2019. Continue reading
The Supreme Court has today dismissed Pimlico Plumbers (PP)’s appeal against a tribunal decision that plumber Gary Smith was a ‘worker’ (ie an individual who has undertaken to perform work personally for someone who is not his client or customer) with workers’ rights. The law is largely unchanged by the ruling, and its fact-specific nature means that it only provides limited guidance for similar cases.
In Pimlico Plumbers Ltd v Smith, the Supreme Court found that Mr Smith’s ability to choose to use a substitute did not prevent there being a sufficient obligation of personal service, given that he could only use a substitute from the ranks of other PP operatives bound by similar obligations. The Court framed the test slightly differently from earlier courts, suggesting that it would be helpful to assess whether the “dominant feature of the contract” remained an obligation of personal performance. Factors justifying the tribunal’s conclusion that it did included that (i) the requirement for substitutes to be PP operatives indicated that the company had a clear interest in who performed the work, as opposed to caring simply that the work got done, and (ii) the written contract itself didn’t mention the right to substitute, and set out requirements of Mr Smith expressly (as to his skills, appearance etc) rather than referring to requirements extending to him or any substitute. Continue reading
UK: HMRC and HM Treasury Publish Consultation to Extend Recent IR35 Public Sector Reforms to the Private Sector
On 18 May 2018, HMRC published a consultation document entitled “Off-payroll working in the private sector” with the aim of tackling what it perceives as high levels of non-compliance in the private sector with the existing off-payroll working regime (HMRC predicts the costs of such non-compliance will reach £1.2 billion in 2022/23 if this issue is not dealt with).
We have compiled a quick update regarding the progress of labour hire licensing laws:
The Labour Hire Licensing Bill 2017 (Vic) (Bill) was debated in Victoria’s upper house on Friday (see Hansard here). Some clauses of the Bill were agreed (including the definition of ‘labour hire services’). Minister Pulford (ALP) said certain arrangements will be: Continue reading
Victoria introduces new Long Service Leave Act 2018 (Act)
In our previous post here, we discussed the proposed changes to existing long service leave entitlements for Victorian employees.
Since then, minor amendments to the Bill were introduced and on 8 May 2018 the Victorian Parliament passed the Long Service Leave Bill 2017 (Vic). The Bill received Royal Assent on 15 May 2018 and the Act will commence by 1 November 2018. Continue reading
Greenwoods + Herbert Smith Freehills have highlighted the above key changes employers should be aware of following the Federal Budget announcement in May 2018. Continue reading