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COVID-19 | Managing coronavirus in the workplace: Is your business “pandemic” ready?

It has been a turbulent start to the incoming decade as many Australian businesses have had to deal with the implications of major natural disasters and pandemics, from unprecedented bushfires to a global outbreak of the Novel Coronavirus (COVID-19). To assist employers we have created a guide to serve as the foundation for business decisions […]

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You are on notice – comply or run the risk of serious consequences well beyond back-pay!

“…if there is a major business in Australia who doesn’t consider itself on notice that they have to invest and improve their systems of payments, and their platforms, and their technology, and their auditing, then that system, that company would have rocks in its head… you’re on notice.” Industrial Relations Minister and Attorney-General Christian Porter […]

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Top 10 HR Issues of 2020

While 2019 saw a number of changes across the employment landscape that have had a significant impact on HR teams in all industries, that trend seems set to only continue.  From annualised wage arrangements, employee classification and underpayments issues, through to modern slavery reporting and whistleblowing reforms and their practical implications, HR professionals will certainly […]

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Annualised wage arrangements: Have you considered all of your options?

Effective 1 March 2020, new annualised wage provisions will be inserted into a number of modern awards. As an employer, you may have considered whether entering into an annualised wage arrangement is necessary or appropriate for your business. Importantly, the Fair Work Commission has confirmed that relying on a contractual off-set clause under an employment […]

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Annualised wage arrangements – changes commence 1 March 2020

The Fair Work Commission has determined that revised annualised wage provisions will be inserted into a number of modern awards from 1 March 2020, including the Clerks – Private Sector Award 2010 and Manufacturing and Associated Industries and Occupations Award 2010. Employers that utilise an annualised wage arrangement under a modern award will be required […]

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BEAR (now FAR) – the extension of the Banking Executive Accountability Regime

On 4 February 2019, the Morrison Government announced it would implement recommendations 3.9, 4.12, 6.6, 6.7 and 6.8 of the Financial Services Royal Commission to extend the Banking Executive Accountability Regime (BEAR) to all APRA-regulated entities e.g. banks, insurance and superannuation firms and provide joint administration to ASIC as the conduct regulator. On 22 January […]

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Victoria to introduce offence of Industrial Manslaughter: What does it mean for employers?

The Victorian Parliament recently passed the Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Bill 2019 (Bill), to introduce a new offence of ‘industrial manslaughter’ under section 39G of the Occupational Health and Safety Act 2004 (Vic) (OHS Act). The Bill comes just months after the national “Review of the model WHS laws: Final report” […]

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Culture-related Regulatory Enforcement: Where might the Australian ‘BEAR’ go hunting?

This two-part briefing has been prepared for in-house legal, risk and compliance professionals in financial services firms, including insurance and superannuation entities. Part one of this briefing covers the following matters: Introduction to the “Banking Executive Accountability Regime” (BEAR) What is required under the regime and penalties for individuals and companies BEAR’s imminent expansion to […]

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Are your part-timers really part-timers? Another reason it’s time for a compliance check!

There is no more important time than now for employers to ensure they know and effectively manage the correct legal categorisation of their workforce and the attendant entitlements and obligations. Casuals, contractors and now part-timers have all been the flavour of the month for the Fair Work Ombudsman (FWO). Luxottica Retail Australia Pty Ltd, trading […]

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Fine Dining Room or Dining Room Fined?

At the moment, we have a perfect storm of Australian culture and the economy making for headlines. There is an extensive focus on food and fine dining spilling over to reality television shows and the cult of the celebrity chef generating pages of newspapers, magazines and hours of television. This has also involved a competitive […]

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Ill or injured employees: when is termination ‘valid’?

In the recent decision of Jack v Sigma Healthcare T/A Sigma Healthcare [2019] FWC 6364 (13 September 2019) the Fair Work Commission (Commission) has determined that an employee who was dismissed by her employer, Sigma Healthcare (Sigma), after she sustained an injury outside of work and could no longer perform the inherent requirements her job, […]

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Federal Government and Cadbury seek leave to appeal Federal Court decision that left bad taste in employers’ mouths

The Federal Government and major employer Mondelez, who operates a Cadbury plant in Tasmania, will seek leave to appeal last month’s landmark Full Federal Court decision regarding paid personal/carers’ leave, to the High Court. The decision concerned the meaning of the word “day” for the purpose of the entitlement to 10 days paid personal/carer’s leave […]

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