Workdynamic Australia in Sydney, Australia | Lawyer & law firm

Workdynamic Australia

Locality: Sydney, Australia

Phone: +61 2 8521 6486

Address: Suite 11.01, Level 11, 37 Bligh Street 2000 Sydney, NSW, Australia

Website: http://www.workdynamic.com.au

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25.01.2022 After a period of uncertainty, revised guidance from the Australian Tax Office has reinforced the one in, all in nature of the JobKeeper scheme. We are working with a range of employers in understanding the scheme and assessing this financial support in the context of other available workforce changes and the commercial outlook for our clients. Payments to employers will commence in the first week of May 2020. Please contact us if we can assist with your strategy durin...g this period. https://www.ato.gov.au/general/JobKeeper-Payment/

24.01.2022 Its an exciting day for the Workdynamic team, FOUR nominations in the 2020 Doyle's Guide in the categories of Leading Employment Law Firms Employer Representation and Leading Lawyer Employer Representation! Credit to the entire team for making this possible and a big congratulations to Kathy Dalton and Jonathan Wright for being individually named. Thank you for the recognition from our colleagues in the legal industry. https://doylesguide.com/leading-employment-law-firms-em...plo/ https://doylesguide.com/leading-employment-law-firms-emplo/ https://doylesguide.com/leading-employment-lawyers-employe/ https://doylesguide.com/leading-employment-lawyers-employe/

24.01.2022 Workdynamic has physically expanded and we are looking for like minded professionals to share our new space. Come join us in our modern, light and quiet office space in Bligh St, Sydney CBD. Up to 8 workstations plus use of meeting rooms is available. #sydneycbd Please contact our great team on (02) 8521 6486 or 0407 416 681 if interested.

22.01.2022 In conjunction with the core employee benefits and employer rights provided under the JobKeeper scheme, the scheme also creates a new temporary jurisdiction for the arbitration of related disputes by the Fair Work Commission. These disputes could, for example, be about the reasonableness of an employers direction to change hours or duties, or how an employer responds to a request for secondary employment from an employee stood down from their usual occupation. This jurisd...iction and the associated power for the FWC to make any order it considers appropriate is available until 28 September 2020. We anticipate some swift proceedings and the FWC looking to the parties to conduct these matters with cooperation, efficiency and pragmatism. https://www.fwc.gov.au//coronavirus-co/jobkeeper-disputes

22.01.2022 Victoria Criminalises Wage Theft time for employers to undertake due diligence and review of corporate culture. The Victorian Parliament passed new laws yesterday criminalising dishonest underpayment of workers entitlements. Employers operating in Victoria face up to 10 years imprisonment and fines of approximately $200,000 for individuals and $1 million for companies, with effect from 1 July 2021.... Where there is evidence that a corporate culture existed within the employer that directed, encouraged, tolerated or led to an underpayment, an employer may be found guilty of dishonestly authorising or permitting the underpayment. The offences are not designed to capture employers who have done their best to comply with the law. A due diligence defence will apply and extend to officers, directors, corporations, partnerships and unincorporated associations who can show that they have undertaken all reasonable steps to pay or attribute employee entitlements within a reasonable time. Now is the time for employers to implement appropriate due diligence processes and review their corporate culture to protect against wage theft prosecution. https://www.premier.vic.gov.au/wage-theft-legislation-pass/

21.01.2022 In Jamsek v ZG Operations [2020] FCAFC 119 (16 July 2020) the Full Federal Court of Australia has found long-serving truck drivers working exclusively for one operator under independent contractor agreements were in fact employees. While the quantum of compensation is yet to be determined, 40 years of long service leave is likely to be part of the final outcome for the applicants. In his judgment, Justice Wigney cautioned against giving primacy and excessive weight to cont...ractual labels and theoretical possibilities and insufficient weight to the reality and totality of the working relationship between the parties, as demonstrated by the way they actually conducted themselves over many years (at [19]). The moral to the story? Wise employers must be sensitive to the importance of substance over form when it comes to employment matters, whether it be classifying casual employees or obtaining services via independent contracting relationships. See more

21.01.2022 Its old news that volunteers are afforded many of the same rights as workers, particularly with respect to health and safety. Expanding on this, the Fair Work Commission has determined that it has jurisdiction to deal with an application by a volunteer to stop bullying in the workplace. https://workdynamic.com.au/a-gift-of-time/

21.01.2022 Commentary has been rife following Israel Folaus termination and the dismissal of a federal public servant for making anonymous tweets critical of government and opposition policies and parliamentarians. Media headlines have sensationalised the loss of free speech and labelled the decisions draconian and Orwellian and heralded warnings for employees use of social media. https://workdynamic.com.au/great-expectations/

21.01.2022 A decision has been made in the High Court today to reject unions arguments that shift workers that work longer than standard hours are entitled to additional paid personal/carers leave each year. https://workdynamic.com.au/high-court-overturns-leave-deci/

20.01.2022 We are excited to announce that, this afternoon, Workdynamic Australia was named as Employment Law Specialist Firm of the Year at the 2020 Australasian Law Awards. Thank you to our amazing staff and wonderful clients for your continued support. #auslawawards https://auslawawards.com.au/index.php/winners/2020

19.01.2022 With the introduction of Stage 4 restrictions in Victoria, employers are facing additional requirements if they are to continue operating. Whilst some businesses will be required to completely stop their operations, others will be allowed to continue operating, subject to additional obligations, including having in place a COVID Safe Plan. https://workdynamic.com.au/impact-of-stage-4-restrictions-/

18.01.2022 The President of the FWC has established swift timeframes for handling JobKeeper disputes. Expect a first hearing or conference with 48 hours of lodgement, a focus on extempore decisions (that is, immediate outcomes on the day) where possible, and delivering of reserved decisions within 48 hours of a hearing. The overall goals set by the FWC for handling these disputes are to finalise 90% of matters within 4 days and 100% within 14 days. Employers responding to these matters will need to act promptly and with a focus on ensuring the FWC has the relevant information before it in a timely and effective format. https://www.fwc.gov.au//statement-fwc-covid-19-response-8-

17.01.2022 Next week, the new financial year brings with it the new national minimum wage and other changes to thresholds and caps under the Fair Work Act. *The new weekly minimum wage will be $753.80 or $19.84 an hour (an increase of 1.75%) *The high income threshold for unfair dismissal applications in the Fair Work Commission rises from $148,700 to $153,600 *Maximum compensation for successful unfair dismissal claims increases from $74,350 to $76,800

16.01.2022 Workplace consultation obligations continue to apply during this period of uncertainty and rapid change. Workdynamic Australia is assisting a number of clients to explore necessary workplace changes through a cooperative and collaborative approach. Even where there is a drastic drop in customer demand, this recent outcome in dispute proceedings before the Fair Work Commission reminds employers of the necessity to consult in a meaningful manner prior to implementing redund...ancies. There must be a genuine opportunity to be heard before any final decision is made. https://www.fwc.gov.au//decisionssign/html/2020fwc1821.htm

16.01.2022 A recent sexual harassment decision by the South Australian Employment Tribunal has found that a casual supermarket assistant was sexually harassed by her colleague. The Tribunal condemned the supermarkets handling of the complaints and found them vicariously liable for the actions of their employee as a result of its failures. Her Honour Deputy President Judge Farrell noted the case highlights the need to ensure that employers conduct independent investigations and main...tain proper records when complaints are made. https://workdynamic.com.au/tribunal-independent-investigat/

15.01.2022 Modern Award changes announced on 1 April have been formalised by the Fair Work Commission, effective 8 April 2020. This means 99 awards now include 2 weeks unpaid pandemic leave and the option of annual leave at half pay. The new flexibilities will operate until 30 June 2020, subject to any application to extend the period. To date no changes have been made to award obligations regarding varying rosters or hours of work. Workdynamic Australia is working with a number o...f clients who see reduced hours and rostering as a key strategy to align their workforce with reduced customer demand, while also maintaining jobs. In those cases we are focused on effective ways to collaborate with employees to explain and move ahead with necessary operational changes, consistent with award and contractual obligations. https://www.fwc.gov.au//20/am202012-summary-dec-080420.pdf

15.01.2022 Workdynamic Australia are excited to be a finalist for the second consecutive year at the prestigious Lawyers Weekly Australian Law Awards. It is an honour to be recognised in the category of Workplace Relations and Employment Team of the Year. We would like to thank our team for their hard work, and our clients for their continued support. #AusLaw

15.01.2022 A decision has been made in the High Court today to reject unions’ arguments that shift workers that work longer than standard hours are entitled to additional paid personal/carer’s leave each year. https://workdynamic.com.au/high-court-overturns-leave-deci/

15.01.2022 We are so proud to have Kate Peterson as one of our Directors - take a look at this article in The Sydney Morning Herald today!

14.01.2022 Workdynamic is working with a number of employers grappling with the impact of the recent outcome in Workpac v Rossato [2020] FCAFC 84. The case places critical focus on casual employment contracts and the risk that employers may face unexpected underpayment claims from casuals seeking to be paid leave entitlements as well as a casual loading. Key actions for employers to assess this risk are: 1) consider your casual workforce and assess whether there are staff employed as... casuals who are in fact working in a more regular, systematic and predictable way; 2) review your casual employment contracts and identify whether you have a minimum entitlements or set off clause in place, and review that contractual language to consider whether it is sufficient to avoid double dipping; 3) think about a strategy for obtaining agreement to updated contracts; 4) keep an eye out for legislative reforms that may be made to provide a workforce-wide solution. https://www.judgments.fedcourt.gov.au///2020/2020fcafc0084

12.01.2022 Workdynamic welcomes Jason Goyal to the Melbourne team! Our Melbourne office continues to grow! Jason Goyal has joined the team as an Associate experienced in providing legal and specialist workplace relations advice to clients in industrially complex sectors, such as the tertiary education sector. Jason has previously worked at RMIT University, Corrs Chambers Westgarth Lawyers and the NSW Department of Education. He is currently studying a Masters of Employment and Labour Relations Law. Welcome Jason.

11.01.2022 In the current environment, management decisions on workforce restructuring naturally factor in the availability of Government support, such as the Jobkeeper program. Employers need to understand the payments and benefits available, and be ready to justify their commercial decision-making if necessary. The FWC is demonstrating a real engagement with the commercial realities of the current environment, and an effort to act consistently with the policy objective of maintainin...g employment during this difficult time. In this recent decision, the FWC refused to reduce the redundancy pay due to three employees following the employers application under section 120 of the Fair Work Act 2009 (Cth). The decision summarises how the Commission directed the employer to consider the implications of the Jobkeeper package, and how this might impact their decision to implement redundancies. https://www.fwc.gov.au//decisionssign/html/2020fwc1912.htm

11.01.2022 As you may know, last week we were delighted to be announced as Employment Specialist Firm of the Year at the 2020 Australasian Law Awards. This award is a reflection of what has been an amazing 7 years of growth since Workdynamic was founded in 2013. https://workdynamic.com.au/employment-firm-of-the-year/

11.01.2022 Workdynamic spoke with The Sydney Morning Herald about workplace bullying... https://bit.ly/2DrgI5A

11.01.2022 The Fair Work Commission has proposed variations to 103 awards in an effort to assist businesses during the COVID-19 pandemic. Proposals include a possible entitlement to unpaid pandemic leave and flexibility regarding the taking of annual leave at half pay. See further at https://www.fwc.gov.au//a/variation-applications/AM2020/12

10.01.2022 Do you employ people using an annual salary above award rates? Changes to annualised salary provisions made in the 4-Yearly Award Review process are due to come into effect on the 1 March 2020 and may impact your business if you answered Yes to this question. Changes will be made to 24 Modern Awards including the clerical award and others with wide coverage across the Australian workforce. At the same time, significant examples of wage underpayment keep coming up in the media. Now may be the right time for businesses to reconsider the method they use to calculate annualised salaries, ensure payroll record keeping is adequate for each and every pay cycle and verify your wider compliance with minimum entitlements. Contact us to make sure your organisation is prepared for this change.

10.01.2022 With recent variations of many employees contracts due to COVID-19, a timely decision has been made in the Federal Court relating to an employees entitlement to redundancy pay in circumstances where the employee remains with the employer, but on substantially reduced terms. https://workdynamic.com.au/redundancy-pay-and-the-reductio/

09.01.2022 This International Womens Day Workdynamic Australia is proud to be part of Generation Equality. #IWD2020 We love these 12 practical actions for gender equality to inspire anyone: https://www.unwomen.org//compilation-small-actions-big-imp

09.01.2022 Congratulations to our Melbourne Director Kathy Dalton on being selected by her peers in the category of Labour and Employment Law in the Best Lawyers 13th Edition of The Best Lawyers in Australia.

07.01.2022 Safe Work Australia has released new guidance material on responding to COVID-19 in the workplace. This includes material specific to 23 identified industries, such as education and training, aged care, retail and public transport. The regulator has also produced a series of useful checklists addressing matters such as working from home, physical distancing, cleaning and monitoring of symptoms. The material provides a useful resource for employers as we all navigate the multi-faceted nature of the COVID-19 challenge, and develop a plan towards the next new normal as restrictions ease. https://www.safeworkaustralia.gov.au/covid-19-information-w

06.01.2022 The uncertainty surrounding the JobKeeper scheme is reflected in the growing number of disputes being filed with the FWC under new Part 6-4C of the Fair Work Act. This is the pathway for the Commission to determine disputes about the scheme. The Commission has published a new benchbook providing guidance on how it will approach these matters, including this graphic showing how applications will be processed and heard. https://www.fwc.gov.au//j/jobkeeper-disputes-benchbook.pdf

06.01.2022 The challenges of payroll during the time of Covid-19! The Jobkeeper scheme requires employers to act in a reasonable manner when an employees usual pay period is longer than a fortnight, and there is a need to attribute the wages into eligible fortnightly periods. A recent decision involving Qantas has provided some practical guidance on how to appropriately calculate Jobkeeper payments for a monthly-paid employee. The Fair Work Commission found that in the case of one ...employee who received monthly pay for April 2020 (including a public holiday payment), Qantas (despite following examples provided in ATO guidance material) had acted unreasonably in the way they attributed his wages to two relevant Jobkeeper fortnights. While Qantas were ordered to recalculate the earnings in the case of the employee, the Commission recognised it was an error made in good faith; Qantas acted in good faith in adopting the calculation approach it did. It is clear from the evidence that Qantas diligently applied its mind to the issue of monthly paid employees and sought to act consistently with what it understood to be its obligations and what it considered to be reasonable. https://www.fwc.gov.au//decisions/html/pdf/2020fwc2685.pdf

06.01.2022 Workdynamic Australia is delighted to welcome Sina Zevari to our team. Based in Sydney, Sina brings a wealth of knowledge as a NSW Law Society Accredited Specialist in Employment & Industrial Law. Sina was previously a partner at DWF Australia and has over 13 years' experience representing clients in matters before the Fair Work Commission, the Federal Court, and the Anti-Discrimination Board of NSW.

05.01.2022 Sometimes a workplace investigation might feel like a technicality. However, two recent decisions remind employers of the importance of conducting procedurally fair and complete investigations, and ensuring that any decisions as to disciplinary action are based on the findings of such investigations. https://workdynamic.com.au/investigations-getting-them-rig/

04.01.2022 The University sector has been presented with a unique set of challenges arising from COVID-19. At Workdynamic Australia, we are keeping up to date with developments to best assist our University sector clients to develop both immediate and longer term approaches. https://workdynamic.com.au/how-the-university-sector-is-re/

03.01.2022 In such a challenging week our team are taking a moment to celebrate something positive for our firm. For the sixth consecutive year we have been named as a finalist in the 2020 Australasian Law Awards Employment Law Specialist Firm of the Year #AusLawAwards. Thanks to all our amazing clients for making this achievement possible!

02.01.2022 Are employees entitled to access paid personal/carers leave or compassionate leave whilst being lawfully stood down? Generally, no, they are not... https://workdynamic.com.au/stand-downs-sick-leave/

02.01.2022 Workdynamic Australia is excited to be named as a finalist in the Women in Law Awards for Boutique Diversity Law Firm of the Year. This award recognises firms which demonstrate a commitment to diversity through retention and recruitment policies, the provision of flexible work arrangements, policies designed to increase the number of females in senior positions and encourage women at all levels to stay at the firm and remain within the profession, plus the promotion of an... inclusive workplace culture. The Lawyers Weekly Women in Law Awards, in partnership with Taylor Root, is Australias largest independent awards program for the leading women in the legal industry, celebrating the outstanding women shaping and influencing the legal industry. Congratulations to our amazing team who make achievements like this possible!

01.01.2022 Thanks to all our great staff who came to the Christmas party on Friday! We had a drink or two for the rest of the team that couldnt make it. Workdynamic would not be a success without you all.

01.01.2022 The Federal Court has provided reassurance to HR practitioners that it can be reasonable to dismiss a worker with incapacity to perform the inherent requirements of a role, even where that incapacity may be connected with a disability. However its not quite as simple as it sounds https://workdynamic.com.au/dismissal-and-disability/