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Prior service as casual may not count as service when calculating redundancy entitlements

A Full Bench of the Fair Work Commission has ruled that an employee’s period of contiguous service as a casual before converting to permanent employment was not to be counted when calculating their redundancy entitlements under the applicable enterprise agreement (Unilever v AMWU [2018] FWCFB 4463). This decision marks a possible departure from the Full Bench’s earlier decision in Donau v AMWU [2016] FWCFB 3075 where it was held that a permanent employee’s “continuous service” included prior periods of regular and systematic casual employment for the purposes of redundancy pay and notice entitlements under the National Employment Standards (NES). While Unilever concerned the interpretation o

External payroll provider fined for facilitating underpayment of staff

The Full Federal Court has upheld a decision of the Federal Circuit Court to hold an accounting firm liable as an accessory to a client’s underpayment of staff (EZY Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134). The court was satisfied that the firm, which provided payroll services to the client, had actual knowledge of the factual matrix of the contraventions and was an 'intentional participant' in those contraventions. The firm was aware that the relevant award provided for a base rate of pay for ordinary hours and additional penalty rates and allowances, and that the rates in the client’s payroll system were not sufficient to allow the client to comply with the obligation

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