COVID-19 | Mandatory vaccination in the education sector in Victoria

Updated as at 8 October 2021 Directions have been made by the Acting Chief Health Officer making mandatory COVID-19 vaccinations a requirement for staff to work in schools (including school boarding premises), childcare and early childhood services in Victoria. Who do the Directions apply to? The Directions apply to ‘education operators’, being those who own, […]

Readmore

COVID-19 | Public health orders and mandatory vaccinations in the workplace

In a widely reported decision handed down earlier this week, Jennifer Kimber v Sapphire Coast Community Aged Care [2021] FWCFB 6015, a Full Bench of the Fair Work Commission has taken the opportunity to provide its views on the mandating of flu and COVID-19 vaccinations under public health orders and what requirements must be met […]

Readmore

Fair Work Commission gains powers to stop sexual harassment in the workplace

The Fair Work Commission (FWC) has been given power to make stop orders in relation to sexual harassment in the workplace in line with recommendations from the Respect@Work Report (for a summary of those recommendations, see here). The new powers apply in relation to applications made after 10 November 2021, after a request from the […]

Readmore

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 […]

Readmore

COVID-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 […]

Readmore

The 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 […]

Readmore

Casual 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 […]

Readmore

Barber 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 […]

Readmore

Respect@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 […]

Readmore

Casual 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 […]

Readmore

Improving unpaid parental leave

Recent changes have been made to the National Employment Standard (NES) to provide parents with greater flexibility in relation to their unpaid parental leave entitlements, and also to improve entitlements for parents who experience traumatic events during or in anticipation of taking such leave, including stillbirth and premature birth. Employers should consider updating their parental […]

Readmore

COVID-19 | Transitioning employees back to the physical workplace – key considerations

With the continued easing of restrictions across Australia, more and more businesses are looking to transition employees from home and back into their physical workplace. Whether your employees have been on a working from home arrangement, a period of stand down, leave or reduced hours, now is the time to consider how things will work for […]

Readmore