1, 2, 3, 4 – Guiding you through the new Code for addressing sexual and gender-based harassment at work
Whether it’s your work, health and safety obligations or the positive duty in the Sex Discrimination Act 1984 (Cth) (SD Act) (see our related article here), close enough is no longer good enough. Proactive compliance is key. Safe Work Australia has recently released the ‘Sexual and gender-based harassment – Code of Practice’ (Code) to provide […]
ReadmoreLast-minute closure of some of the ‘loopholes’
More changes to employment and safety laws are on their way. While many employers, advisors, lawyers and business operators are still getting across the raft of legislative changes since December 2022, the final parliamentary sitting week of 2023 saw yet another tranche of changes passed and those changes became law on 15 December 2023. What’s […]
ReadmoreMyth or reality – Our top 10 workplace myths – part two
The award doesn’t apply because we pay above the award and restraints are never enforceable. Have you heard this before? In this article, we discuss another 5 workplace myths and provide further clarity on the rights and obligations of employers and employees. You can read the first article of this two-part series here. 6. ‘I […]
ReadmoreSpotlight on modern slavery: Federal Government introduces legislation to establish Anti-Slavery Commissioner
As foreshadowed in our previous article on modern slavery reporting, available here, the Federal Government has introduced the Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023 (Bill) (which amends the Modern Slavery Act 2018 (Cth) (Act)) to establish a new Anti-Slavery Commissioner. The Commissioner will have a range of functions including: promoting compliance with the […]
ReadmoreDelaying the inevitable? Some sectors get a short reprieve from fixed term employment contract restrictions
Following the passing of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) in December 2022, new restrictions on the use of ‘fixed term’ employment contracts will start from 6 December 2023. You can read more about those changes in our recent article. Significant changes will impact many employers in the way […]
ReadmoreMyth or reality – Our top 10 workplace myths – part one
How many times have you heard that you must give an employee three warnings before terminating their employment? Or that you have an obligation to offer an employee a support person in every meeting? In this article, the first of a two-part series, we will discuss the most common workplace myths and provide clarity on […]
ReadmoreFWC proposes a new “Arts and Culture Sector” modern award
The Fair Work Commission (Commission) is seeking the views of interested parties in relation to the proposed creation of a new modern award for the arts and culture sector. The purpose of the proposed award is to address potential overlapping award coverage and coverage gaps for employees working in the sector. The Commission has published […]
ReadmoreThe only way is up: What you need to know about increased penalties and other changes to NSW WHS laws
The NSW Government is clearly ‘making good’ on its election promise to review and update the NSW work health and safety (WHS) legislation to better align with the Model Work Health and Safety Laws, as well more robust obligations for persons conducting a business or undertaking (PCBU). Penalty provisions The most important change is an […]
ReadmoreEmployee accused of misconduct reinstated following ‘deeply flawed’ investigation
The Fair Work Commission (Commission) has reinstated an employee of a mining company after his employer failed to conduct a thorough investigation into allegations of misconduct.[1] The decision is a reminder for employers to ensure that they have the necessary expertise and procedures in place before conducting internal workplace investigations, particularly when there is conflicting […]
ReadmoreFirst Australian breastfeeding workplace discrimination case
Breastfeeding is a protected attribute under federal anti-discrimination laws,[1] and throughout the majority of Australia’s States and Territories.[2] The ACT Civil and Administrative Tribunal (ACAT) recently delivered what appears to be the first reported Australian workplace anti-discrimination decision related to mothers breastfeeding at work.[3] ACAT determined that employers must make arrangements to accommodate the breastfeeding […]
ReadmorePipe dreams – Manager ordered to repay employer after receiving benefits
A recent decision in the Supreme Court of New South Wales has seen a former manager and his consulting company ordered to pay the manager’s former employer a total of $474,054 between them. The finding was made on the basis that the manager and his consulting company had received profits as a result of the […]
ReadmoreShutting down over the Christmas and New Year Period? New modern award requirements may apply to your organisation
In December 2022, the Fair Work Commission (FWC) updated the annual leave shutdown provisions contained in 78 modern awards as part of its four-yearly review. These changes took effect in the relevant awards from 1 May 2023. In the lead up to the festive season, organisations should take a moment to consider the updated shut […]
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