Sexual 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 […]
ReadmoreCOVID-19 | Is your policy register current?
The highly infectious nature of COVID-19, the ability of the virus to kill, and the disastrous impact the virus has shown it can have on a national economy all lead to one certain point. Once a vaccine for COVID-19 is available every employer will need to consider whether they are doing enough in their workplace […]
ReadmoreCOVID-19 | Financial Assistance for Employers and Employees
Many Australians have been negatively impacted by the coronavirus (COVID-19) pandemic. For business, this has involved significant decreases in turnover, and for individuals, the loss of jobs and reductions in income. In response to this crisis, the Australian Government has introduced a number of financial support measures, including those set out in the Coronavirus Economic Response […]
ReadmorePerformance management, workplace bullying and reasonable management action
The management of employee performance is a key component for every successful organisation. However, performance management by its very nature, is difficult and can often lead to a range of legal risks for businesses. One particularly difficult scenario is where an employee alleges the performance management process, or the way in which performance management is […]
ReadmoreModern Slavery Act
The Modern Slavery Act 2018 (Cth) (‘Act’) commenced on 1 January 2019 and requires organisations with an annual consolidated revenue of more than $100 million to report annually on the risks of modern slavery within their supply chain. The Act is similar to the UK legislation. Organisations will be required to submit their first report after the […]
ReadmorePublic servants can be liable for social media posts
In the landmark case of Comcare v Michaela Banerji[1] handed down on Wednesday, the High Court unanimously overturned a ruling that the Department of Immigration and Citizenship imposed an unjustified burden on the implied freedom of political communication when dismissing Banerji because of her contentious political tweets. Background While employed at the Department of […]
ReadmoreHuman Rights Act – employment claims
The Human Rights Act 2019 (Qld) (HRA), which is expected to commence operation on 1 January 2020, will materially influence public sector decision-making in Queensland by limiting the exercise of government power. It is essential for public entities to prepare for the new regime as it will place a magnifying glass over decision making. This […]
ReadmoreWill your Enterprise Agreement pass the BOOT?
The Full Bench of the Fair Work Commission in its recent decision Loaded Rates Agreements [2018] FWCFB 3610 (28 June 2018) held that employers must apply the “better off overall test” (BOOT) to every employee covered by an Enterprise Agreement. The decision involved a consideration of five applications for the approval of Enterprise Agreements containing […]
ReadmoreFreedom of Association – logos, mottos and indicia
The Australian Building and Construction Commission (ABCC) released new guidance material recently which provides information on the differences between the Building Code 2013 (2013 Code) and the Code for Tendering and Performance of Building Work 2016 (2016 Code) with respect to freedom of association. While both the 2013 Code and 2016 Code provide that a […]
ReadmoreIndustrial Manslaughter offence introduced to Queensland
On 12 October 2017 the Queensland Government passed the Work Health and Safety and Other Legislation Amendment Bill 2017 which was introduced into parliament on 22 August 2017. The Bill introduces the new criminal penalty of ‘industrial manslaughter’ into the State of Queensland under the Work Health and Safety Act 2011 (Qld). This new amendment […]
Readmore
