Independent Planning Commission sets new greenhouse gas performance measures in approval for Narrabri Mine extension

On 1 April 2022, the NSW Independent Planning Commission (Commission) granted approval for the Narrabri Underground Mine Stage 3 Extension Project (Extension Project). The development consent granted in respect of the Extension Project incorporates a number of unprecedented conditions targeted at the minimisation of greenhouse gas emissions (GHGE). For proponents, these conditions and the reasons …

Protection under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) extends beyond Mount Panorama – What you need to know

In May 2021, the Commonwealth Minister for Environment (Minister) declared the Wahlua-Mount Panorama Site in Bathurst to be a significant Aboriginal area under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (Act). This declaration prohibited Bathurst Regional Council’s proposed development of a go-kart track just days before construction works were set to …

Electricity Infrastructure Investment Bill passes NSW Parliament Upper House – what you need to know

On 25 November 2020, the Electricity Infrastructure Investment Bill 2020 (NSW) (Renewables Bill) passed the NSW Parliament Upper House following over 30 hours of ongoing debate that challenged 249 proposed amendments.  With the Renewables Bill expected to be assented to before the end of 2020, it is guaranteed to shake up the NSW energy market …

Business Interruption Insurance – COVID-19 Test Case creates opportunity for loss recovery

The outbreak of the COVID-19 pandemic in Australia and overseas has had a hugely damaging economic effect on the business community. Many of these businesses hold Business Interruption (BI) insurance and may have either had claims declined or not pursued them on advice that the policy did not respond. Alternatively, they may not have considered …

What is a day? High Court Delivers Landmark Decision on Personal Leave Entitlements

In a significant decision, the High Court of Australia has clarified the method of calculating an employee’s entitlement to paid personal/ carer’s leave under the Fair Work legislation.  On 13 August 2020 the High Court of Australia handed down its decision in Mondelez Australia Pty Ltd v AMWU & Ors [2020] HCA 29.  Importantly, the …

Casual approach causes major headache: WorkPac v Rossato

In a unanimous, but 272 page, judgment, the Full Court of the Federal Court has shattered what many employers had considered to be the standard position about engaging casual employees.  An appeal is all but certain. However, as it stands, employers with a casual workforce face an unprecedented risk of employees claiming back-pay, and potentially penalties, …

Workers not entitled to use paid sick leave during stand down

In a significant decision, the Federal Court has determined that Qantas Airways does not need to allow its stood down workers access to paid personal/carer’s leave or compassionate leave during the period of stand down.  The decision by Justice Flick clarifies the obligations of employers and the rights of thousands of other stood down workers …

JobKeeper payments: wage relief and support for businesses

[vc_row][vc_column][vc_column_text]The Australian Government is offering wage subsidies to help employers retain their employees during the COVID-19 pandemic, and keep employees engaged until the inevitable rebound. Wage relief Eligible businesses (including not-for-profits) who elect to participate in the scheme can expect a wage subsidy of $1,500 per fortnight per eligible employee. The JobKeeper payment is a …