COVID-19 | Navigating the vaccination minefield – what employers need to know
Revised as at 17 September 2021 Following our recent webinar, ‘Navigating the vaccination minefield – what employers need to know’, in this easy-to-download PDF we have put together a list of answers to some of the most commonly asked questions for employers navigating the COVID-19 vaccination minefield. This guide will serve as an essential tool […]
ReadmoreCOVID-19 | Mandatory COVID-19 vaccinations in the workplace – is it lawful?
While there have been many issues which employers have had to face during the COVID-19 pandemic, of late the issue which has received the most media coverage, and which has probably caused the most concern for employers, is the issue of whether an employer can mandate that its employees must receive COVID-19 vaccinations. We have […]
ReadmoreThe High Court provides more certainty around casual employees
The High Court has provided further certainty in determining whether an employee is a casual employee in handing down its much anticipated decision in WorkPac Pty Ltd v Rossato [2021] HCA 23 (4 August 2021). However, because of reforms in this space earlier this year, the practical implications of the High Court’s decision in Rossato […]
ReadmoreCasual employees – review of the new rights and obligations under the NES
The amendments to the National Employment Standard regarding casual employees are about bringing certainty to casual employment arrangements. Employers should now be considering what steps they need to take to comply with the NES including assessing offers of conversion for employees who commenced employment prior to 27 March 2021. This is particularly relevant as there […]
ReadmoreIndustrial Manslaughter legislation on the way in WA
The director of MT Sheds (WA) Pty Ltd, Mark Thomas Withers, was sentenced two years and two months imprisonment (18 months suspended) and fined $2,250 for gross negligence causing death in relation to the 2020 death of a young worker and the serious injury of another. Both Mr Wither’s and his company pleaded guilty to […]
ReadmoreFMCG Express | May 2021 Edition
2021 certainly started with a bang; we are seeing a significant boost in appetite for advice right across our FMCG client base, including a lot of M&A activity, and we are excited to see how the year ahead unfolds. In the May 2021 edition of FMCG Express, editor Hazel McDwyer and the Gadens team provide […]
ReadmoreEmployee share schemes — removing cessation of employment as a taxing point and reducing red tape
As part of the 2021-2022 Federal Budget, the Federal Government has announced reforms to employee share ownership in Australia, with those changes designed to make it easier for businesses to offer their employees participation in employee share schemes (ESS) and to help businesses attract and retain the talent they need to compete on a global […]
ReadmoreSexual harassment and obligations of employers – Part 2
This is the second instalment of a two-part series which canvasses workplace sexual harassment, who is most at risk and what Australian employers do to address sexual harassment in the workplace and limit their liability. Part 1 covered how workplace sexual harassment is defined and provided an overview of the relevant legislation and highlighted who […]
ReadmoreSexual harassment and obligations of employers – Part 1
This is the first instalment of a two-part series which canvasses workplace sexual harassment, who is most at risk and what Australian employers should do to address sexual harassment in the workplace and limit their liability. Introduction In 2020, the Australian Human Rights Commission (Commission) released the Respect@Work: Sexual Harassment National Inquiry Report (2020) (Report) […]
ReadmoreBarber v Goodstart – can employers now mandate vaccinations in the workplace?
In a much publicised decision of the Fair Work Commission (FWC) FWC, Bou-Jamie Barber v Goodstart Early Learning [2021] FWC 2156, the termination of a childcare worker who refused to take a flu shot has been upheld. However, while the decision provides some guidance on the issue of vaccinations in the workplace, the FWC cautioned […]
ReadmoreRespect@Work and future changes to Australia’s sexual harassment laws
The Federal government has today announced that all 55 recommendations contained in the landmark report, Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, are either agreed wholly, in part, or in principle, or are noted where they are directed to governments or organisations other than the Federal government. National Inquiry into Sexual Harassment in […]
ReadmoreCasual IR reforms – A new frontier for employers
On 9 December 2020, the Attorney-General and Minister for Industrial Relations, Christian Porter introduced the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (IR Reform Bill) to Parliament, which sought to make significant reforms to the Fair Work Act 2009 (Cth) (FW Act) and other related legislation. The IR Reform Bill was drafted following […]
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