Dismissing a local government employee? Don’t breach section 283

Local governments may consider that they have a robust disciplinary process that delivers procedural fairness through show-cause processes and investigations. While such actions may be sufficient under other employment law frameworks, local governments have unique additional obligations under the Local Government Regulation 2012 (Qld) (Regulation) when determining if disciplinary action is reasonable under the Local […]

Readmore

COVID-19 | Changes to COVID-19 isolation rules – impacts for businesses

More than two years on from the start of the COVID-19 pandemic, National Cabinet announced on 30 September 2022 an end to mandatory COVID-19 isolation commencing 14 October 2022. From this date, individuals who test positive for COVID-19 will no longer be required to isolate for any mandatory isolation period (which was reduced from seven […]

Readmore

New Respect@Work legislation introduced

On 27 September 2022, the Albanese Government introduced the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 (Cth) (the Bill) into Parliament. If passed, the Bill would implement further recommendations from Sex Discrimination Commissioner Kate Jenkins’ report, Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces (Respect@Work Report) namely: making it unlawful […]

Readmore

Unions seeking to expand into the real estate industry

There has been a recent push in NSW by the United Services Union (USU) and the Shop, Distributive and Allied Employees Association (SDA) to expand into the real estate industry – an industry that has traditionally seen low levels of union activities. Spokespersons from both unions have raised concerns about harassment and unsafe practices within […]

Readmore

The status of ‘gig economy’ workers: An update on the Deliveroo case and further changes on the horizon

In a major decision for the gig economy, the Full Bench of the Fair Work Commission has quashed a decision that a Deliveroo delivery driver was an employee, finding that there was no employment relationship and therefore the driver was not a person protected from unfair dismissal (Deliveroo Australia Pty Ltd v Diego Franco [2022] […]

Readmore

Jobs and Skills Summit 2022 – What employers need to know

As promised in its election campaign, the Albanese Government held its Jobs and Skills Summit at Parliament House in Canberra on 1–2 September 2022. The aim of the Summit was to bring stakeholders together to work on challenges and opportunities facing the Australian labour market and economy. A set of outcomes have been announced following […]

Readmore

FMCG Express | September 2022 Edition

In the latest edition of FMCG Express, Partner Breanna Davies and the Gadens team bring you the latest developments in the consumer, retail and hospitality sectors in Australia. In this issue, our team delves into the issues surrounding positive obligations to eliminate sexual harassment in the workplace; risks and solutions when dealing with commercial contracts […]

Readmore

Criminal charges for Victorian long service leave underpayments

This month, the Wage Inspectorate Victoria (WIV) has flexed its muscle by commencing criminal proceedings against subsidiaries of one of Australia’s largest financial institutions. This follows the successful investigation of Coles by the WIV in 2020, which revealed long service leave underpayments. In this article, we elaborate on these two actions. Background The main functions […]

Readmore

New psychological health regulations for Victorian employers

The Occupational Health and Safety Amendment (Psychological Health) Regulations (Vic) (proposed Regulations) are expected to commence in mid-2022, subject to approval by the Minister, which is anticipated to occur shortly. Under Victorian OHS laws, an employer must, so far as is reasonably practicable, provide and maintain a working environment that is safe and without risks […]

Readmore

Vaccination mandates end for most workplaces in Victoria

Following the Victorian Government’s announcement that it would lift vaccination mandates other than for workers who interact with vulnerable persons, the Pandemic (Workplace) Order 2022 (No. 9) (Order) has now been made. Mandates ended for most workplaces As a result of the Order, from 11.59pm on Friday, 24 June 2022 the following workers are no longer […]

Readmore

Industrial Relations and Other Legislation Amendment Bill 2022

Introduction The Queensland Government introduced the Industrial Relations and Other Legislation Amendment Bill 2022 (Bill) into Parliament on 23 June 2022. The Bill proposes various amendments to the Industrial Relations Act 2016 (QLD) (IR Act) in response to the recommendations of an independent five-year review into the IR Act. The changes to Queensland’s industrial laws […]

Readmore

It’s that time of the year again – Annual Wage Review 2021-22

The Fair Work Commission has just published its Annual Wage Review decision, which provides that the National Minimum Wage will increase by 5.2% from $20.33 per hour to $21.38. This translates to $812.60 per week, up from $772.60 per week. Modern award minimum rates will also increase by 4.6% for those who are paid more […]

Readmore