Employment status (including agency workers, casual workers, use of contractors and ‘dispatch’ arrangements)

Australia: The federal Modern Slavery Bill becomes law

The Modern Slavery Bill 2018 (Cth) (Bill) was passed into law on 29 November 2018. It is expected to commence in January 2019. The Bill creates an ongoing obligation for ‘Reporting Entities’ to file a modern slavery statement (Statement) – being a … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Employment-related claims- procedure and form, Jurisdiction: Australia

Australia: Casual employment and double dipping continues to take centre stage

In our previous Legal Briefing we discussed the flurry of recent activity with plaintiff-focussed litigation funders and law firms instituting and threatening to commence class action claims in the mining, direct sales and marketing, and labour hire sectors over the alleged … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Australia, Terms of employment contracts

UK: Budget 2018 confirms IR35 reforms will extend to the private sector

The off-payroll working rules (commonly known as IR35) seek to ensure that individuals who are engaged through personal service companies (PSCs) by service users (End Users), but who perform roles equivalent to employees, are taxed through payroll in the same … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: UK

UK: Budget 2018 announces NIC change delay and new minimum wage rates

An important announcement in the Budget for employers to note was the decision to delay by a further year the introduction of employer Class 1A NICs on termination payments over £30,000, until April 2020. There will also be changes to … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: UK, Termination of employment

Australia: Overview of Labour Hire Licensing in Australia

There have been a number of recent developments to licensing schemes in Queensland, South Australia and Victoria. Most notably, the South Australian government has recently announced it intends to repeal the Labour Hire Licensing Act 2017 (SA) and is no … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Australia

UK: status as “temporary” agency worker turns on whether nature of work is permanent or temporary

A security guard on a zero hours contract and supplied mainly to one client for 21 months was held to be an agency worker entitled to rights under the Agency Workers Regulations 2010.  The EAT upheld the tribunal’s view that … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: UK

Australia: Labour Hire Licensing in Victoria – Consultation on draft regulations

On 7 August 2018, the Victorian Government opened a period of public consultation for the exposure draft Regulations under the Labour Hire Licensing Act 2018 (Vic). Submissions are due by close of business on 5 September 2018. A brief summary … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Australia

Australia: Federal Modern Slavery bill introduced to parliament

Closely following the passage of the NSW Modern Slavery Act on 21 June 2018 (NSW Act), a federal Modern Slavery Bill was introduced to Parliament on 28 June 2018. Debate on the Bill has been adjourned until the next Parliamentary … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Australia

Australia: Modern slavery legislation introduced into NSW

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 … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Australia

Australia: Labour Hire Licensing Scheme enacted in Victoria

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 … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Australia