It’s all positive: AHRC’s guidance to employers on their positive duty under the Sex Discrimination Act 1984 (Cth)
The Australian Human Rights Commission (AHRC) has published guidelines on a set of seven standards for relevant businesses to comply with their positive duty under the Sex Discrimination Act 1984 (Cth) (SDA). These standards are particularly crucial for employers because from 12 December 2023, the AHRC will have the power to enforce compliance with the […]
ReadmoreSwings, roundabouts and loopholes – more amendments to the Fair Work Act
On 4 September 2023, the Federal Government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill), its third tranche of Industrial Relations reform in the last 12 months following the passing of the Secure Jobs, Better Pay and the Same Job, Same Pay amendments to the Fair Work Act 2009 (Cth) (Act). While […]
ReadmoreFMCG Express | September 2023 Edition
In this edition of FMCG Express we consider the practicalities of implementing UCT regime required changes, recent ACCC enforcement activity and consider what risks ‘greenwashing’ can pose for our clients. We also touch on employer obligations regarding psychosocial safety and hazards, the Retail Award and other legislative changes. Partner Breanna Davies and the Gadens team […]
ReadmoreSeptember 2023 changes to the Professional Employees Award 2020
The Fair Work Commission (FWC) announced changes to the Professional Employees Award 2020 (PE Award) in relation to coverage of employees, overtime, penalty rates and associated record keeping obligations in March 2023. Whilst changes to coverage provisions took effect earlier this year, remaining changes are due to commence on 16 September 2023. Overview From 16 September 2023: some […]
ReadmoreCan you monitor your employees’ keystrokes?
The remote work trend has caused many employers to struggle to adapt how they monitor productivity. Employers are increasingly utilising software to track employee output, including keystroke monitoring software (i.e. software applications that record the number of individual keystrokes typed on a keyboard, as well as mouse movement, over time). The Fair Work Commission (Commission) […]
ReadmoreEmployee who was dismissed for complaining about CEO successful in adverse action case
In a recent decision by the Federal Circuit Court of Australia, an employer has been required to pay $93,500 in compensation to a former employee whose employment was terminated as a result of a complaint he made against the CEO of the company. The employee, Joseph Noonan, successfully argued that his former employer, Advent Security […]
ReadmoreNew restrictions on fixed term employment contracts
From 6 December 2023, new limitations will apply to fixed term contracts of employment. Broadly, the changes will: limit the maximum duration of fixed term contracts to two years; provide robust restrictions to prevent employers from circumventing these limitations; and require employers to provide employees on new fixed term contracts a ‘Fixed Term Contract Information […]
ReadmoreSay goodbye – Victorian employers must destroy COVID-19 vaccination information
By 11 August 2023, Victorian employers must destroy all COVID-19 vaccination information collected, recorded, held and used under the Occupational Health and Safety Amendment (COVID-19 Vaccination Information) Regulations 2022 (Regulations), unless the employer is permitted or required under other laws to collect, use, record, or hold the information. The Regulations allowed employers to continue to […]
ReadmoreCourt ruling narrows exception to redundancy pay: what employers need to know
A recent ruling by the Full Court of the Federal Court of Australia has narrowed the exception to employers’ obligation to provide redundancy pay[1]. This development carries implications for employers, particularly those engaged in labour hire. Failing to keep up with these changes can expose employers to potential breaches of the National Employment Standards (NES). […]
ReadmorePay secrecy laws prevent employer from protecting ‘commercially sensitive’ client list
This article is a follow up to the article that Gadens’ Workplace Advisory and Disputes team published in relation to changes to the Fair Work Act 2009 (Cth) (Fair Work Act) as part of the Federal Government’s Secure Jobs, Better Pay reforms. The previous article can be found here. The Fair Work Commission has now handed down […]
ReadmoreChanges to Enterprise Bargaining – Genuine Agreement Requirement
This is the third article in Gadens’ series regarding the key workplace changes that commence from 6 June 2023, the article below takes a deep dive into changes to the enterprise bargaining process outlined in our previous piece. Employers will encounter changes to the enterprise bargaining process which started on 6 June 2023, which employers […]
Readmore6 June 2023 deadline looms for Fair Work Act key changes
This article is a follow up to the article that Gadens’ Workplace Advisory and Disputes team previously published in relation to changes to the Fair Work Act 2009 (Cth) that commence operation from 6 June 2023. The previous article can be found here. Businesses should note 6 June 2023 down as a crucial date in […]
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