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 […]
ReadmoreReligious discrimination in employment in Victorian schools: The exceptions narrow
The purpose of changes to the Equal Opportunity Act 2010 (Vic) (the Act) from 14 June 2022, which apply to the employment practices of schools, are said to better balance the right to equality with the right to religious freedom, so that both can be appropriately recognised and enjoyed. The Act makes discrimination against the […]
ReadmoreVaccination 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 […]
ReadmoreVaccination mandates in Victorian schools are lifted
The Victorian Government announced on 18 June 2022 that it proposed to lift its imposed third dose mandates in education. This has now been done. Lifting of mandates All vaccination mandates for education workers in Victoria were lifted from 11.59pm on Friday, 24 June 2022 under Pandemic (Workplace) Order 2022 (No 9). The Pandemic Order […]
ReadmoreDetention time for parents in Victorian schools
Schools in Victoria will have new powers from 28 June 2022 to address the risk of occupational violence and aggression directed towards school staff by certain adults, including by school parents. These new laws provide for: Principals to make orders to protect members of school communities from harmful, threatening or abusive behaviour on school grounds […]
ReadmoreCourt backs High Court’s independent contractor decision
We previously reported on two High Court decisions that examined how to determine whether a worker is an employee or an independent contractor (Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) & Anor v Personnel Contracting Pty [2022] HCA 1 (Personnel Contracting) and ZG Operations & Anor v Jamsek & Ors [2022] HCA 2 (Jamsek). The principles […]
ReadmoreFMCG Express | March 2022 Edition
Welcome to the fifth edition of FMCG Express. Overseen by our new Editor, Partner Breanna Davies, Gadens’ team of contributors provide a snapshot of what’s in store for 2022. We are catching up on issues facing our clients and review potential legal developments in the FMCG space: from analysis of proposed changes to the unfair […]
ReadmoreWhat’s a contract got to do with it? (Absolutely everything): The High Court affirms approach to determining employment relationships in Personnel Contracting and Jamsek
Two recent decisions handed down by the High Court have stressed the primacy of contractual terms in determining employment relationships. In an approach that will provide certainty to some businesses, in Personnel Contracting the High Court held that where the parties have comprehensively committed the terms of their relationship to a written contract it was […]
ReadmoreCOVID-19 | Fair Work Commission finds lack of consultation means Mt Arthur Mine vaccine mandate unreasonable
A recent decision of the Full Bench of the Fair Work Commission has found that a failure by BHP to adequately consult with its workforce before requiring workers to have received a COVID-19 vaccination as a condition of entry to the Mt Arthur open cut coal mine (Mt Arthur Mine) was unreasonable. The case, (Construction, […]
ReadmoreCOVID-19 | Insight for employers – rapid antigen tests and collection of vaccination information
The COVID-19 pandemic has required employers to stay across ever emerging issues to ensure compliance with requirements and the implementation of best practice approaches. This update covers two evolving issues: the use of rapid antigen testing, and the collection of vaccination information, specifically, individual healthcare identifiers. What is rapid antigen testing? Rapid antigen testing can […]
ReadmoreCOVID-19 | Mandatory vaccination in Victoria
The Chief Health Officer has issued amendments to the COVID-19 Mandatory Vaccination (Workers) Directions (No. 6) (Workers Directions) and COVID-19 Mandatory Vaccination (Specified Facilities) Directions (No.11) (Specified Facilities Directions) as well as introduced the COVID-19 Mandatory (General Workers) Directions (General Workers Direction) (collectively, Directions) in response to reopening Victoria at the 80% vaccination rate and […]
ReadmoreCOVID-19 | Mandatory vaccination for Victorian authorised workers
The Acting Chief Health Officer has issued long awaited directions making COVID-19 vaccinations mandatory for authorised workers in Victoria (the Directions). Who do the Directions apply to? The Directions apply to the ’employers’ of ‘workers’ in Victoria who are authorised to leave home for work under the Authorised Worker list. Specifically, it applies to workers […]
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