#MeToo and sexual harassment in Australian workplaces
The #MeToo movement and its focus on exposing the prevalence of sexual harassment in the workplace continues to resonate loudly in 2018. What started in 2017 with allegations being made against Harvey Weinstein, then set off an avalanche of sexual harassment allegations being made against high profile people both in Australia and overseas. Further momentum […]
ReadmoreModern slavery and what businesses need to know
Australia is slowly moving closer to the establishment of comprehensive modern slavery legislation. At Federal level, the Modern Slavery Bill 2018 (Federal Bill) passed the lower house last month and is now being considered by the Senate, and in the last Federal budget funding was provided to establish an anti-slavery unit in the Department of […]
ReadmoreWhat you need to know about the new portable long service leave for cleaning, security and community services workers in Victoria
On 4 September 2018, the Victorian Government passed the Long Service Benefits Portability Bill 2018. The Long Service Benefits Portability Act 2018 (Vic) (LSBP Act) will come into effect on 1 July 2019, unless proclaimed earlier by the Government. Why has the legislation been introduced? The LSBP Act has been introduced to enable Victorian […]
ReadmoreFAQ on new casual conversion clauses operative from today – 1 October 2018
Casual conversion rights and obligations for award-covered employees will be streamlined across all industries from today – 1 October 2018.[1] We have addressed the ‘Frequently Asked Questions’ on casual conversion below: What is casual conversion? Casual conversion is the transfer of an employee’s employment status from casual to permanent. What is being inserted into the […]
ReadmoreKeeping it casual? Think again!
You have no doubt heard about the landmark decision in WorkPac Pty Ltd v Skene[1], where the Full Court of the Federal Court (Full Court) found that a casual employee was a permanent employee entitled to annual leave payments. In this article we have summarised the decision and outlined the important practical implications for many […]
ReadmoreImpact of Family and Domestic Violence Leave entitlements on Family Law cases
As part of its four yearly review of modern awards, the Fair Work Commission (FWC) has been considering submissions on the potential inclusion of family and domestic leave into those awards (see previous article here). The FWC has now determined that such leave should be provided for in awards and has finalised the model clause […]
ReadmoreWill your Enterprise Agreement pass the BOOT?
The Full Bench of the Fair Work Commission in its recent decision Loaded Rates Agreements [2018] FWCFB 3610 (28 June 2018) held that employers must apply the “better off overall test” (BOOT) to every employee covered by an Enterprise Agreement. The decision involved a consideration of five applications for the approval of Enterprise Agreements containing […]
ReadmoreFamily and Domestic Violence Leave
As a part of the four yearly review into modern awards, a Full Bench of the Fair Work Commission (FWC) has decided to provide award-covered employees experiencing family and domestic violence with an entitlement to five days’ unpaid leave per annum. The Australian Council of Trade Unions sought an uncapped amount of family and domestic […]
ReadmoreFreedom of Association – logos, mottos and indicia
The Australian Building and Construction Commission (ABCC) released new guidance material recently which provides information on the differences between the Building Code 2013 (2013 Code) and the Code for Tendering and Performance of Building Work 2016 (2016 Code) with respect to freedom of association. While both the 2013 Code and 2016 Code provide that a […]
ReadmoreCasual calamity
The Full Bench of the Fair Work Commission (Commission) has decided to insert a model casual conversion clause into the majority of those modern awards which did not already have this type of clause, including awards in the retail, restaurant, banking, aged care, mining, maritime and transport industries. This change comes in response to numerous […]
ReadmoreThe No No Nos for end of year functions
It is the time of year when employers encourage their staff to celebrate another year’s hard work – a time to bring together employees who may rarely meet face-to-face and to reward them for their hard work. It is also unfortunately the time of year for alcohol-fuelled indiscretions, allegations of workplace bullying, sexual harassment, and […]
ReadmoreEmployee unfairly terminated after suspension of WWC Check – schools must take a cautious approach
Schools should tread carefully when considering whether to terminate the employment of a teacher or other employee whose Working with Children Check has been suspended because of pending criminal charges. A recent case before the Fair Work Commission, following a series of similar cases in New South Wales, concerned a teacher whose employment was terminated […]
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