What the new Respect@Work legislation means for employers
On 25 November 2022, the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) (Act) was passed by Parliament. This article highlights the legislative changes that employers must closely examine, understand and implement in their workplaces. Positive duty to eliminate unlawful sexual discrimination The Act amends the Sex Discrimination Act 1984 (Cth) (SD […]
ReadmoreAmendments to the Fair Work Legislation – Secure Jobs, Better Pay
Introduction The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (Amending Act), passed by Parliament on 2 December 2022, is the first tranche of the Albanese Government’s industrial relations reform agenda and amends the Fair Work Act 2009 (Cth) (FW Act). The Amending Act has not passed without controversy, with many critics of […]
ReadmoreImplementing domestic and family violence leave
The Domestic and Family Violence leave amendment to the Fair Work Act 2009 (Cth) (FWA), passed on 27 October 2022, amends the National Employment Standards (NES) to introduce 10 days of paid leave for victims of domestic or family violence for employees each year (Leave).[1] The Leave will come into effect from 1 February 2023.[2] […]
ReadmoreDismissing 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 […]
ReadmoreTo post, or not to post? Out-of-hours social media activity for public service employees and employers
Introduction Social media is a fundamental tool used in individuals’ personal and professional lives. Considering the level of social interaction on online platforms, it is unsurprising that there has been an increase in employee disciplinary action, including dismissals, as a result of conduct on social media. What is surprising is that many employers still do […]
ReadmoreIndustrial 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 […]
ReadmoreQueensland’s ‘best practice principles’ for major projects
Pursuant to the Queensland Procurement Policy 2021, the Queensland Government may apply certain ‘Best Practice Principles’ (or BPPs) to major state government projects (valued at $100 million and above) and declared projects, in accordance with guidance issued by the Department of Energy and Public Works and the Office of Industrial Relations. In practice, the application […]
ReadmoreEmployer obligations when hiring overseas workers amid the reopening of Australia’s international borders
Australia’s national cabinet has maintained that Australia will continue with its plans to reopen its borders to international travellers, despite the recent discovery of the new omicron COVID-19 variant. An increase in arrivals of international workers looking to fill critical skill vacancies is expected, in the hopes of aiding Australia’s ongoing recovery from the impact […]
ReadmoreWorkplace Investigations – Is your house in order?
Workplaces have changed considerably over recent years. Compliance is increasingly complex, there are multiple avenues for complaints and the costs involved continue to rise. As a consequence, it is inevitable that complaints will be raised in the workplace, irrespective of the number of employees or the industry. Complaints regarding bullying, discrimination, harassment, unprofessional or unethical […]
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) […]
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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