On 24 June 2021, the Federal Government introduced the Sex Discrimination and Fair Work (Respect at Work) Amendments Bill 2021 (Cth) (Bill) into the Senate. The Bill amends both the Sex Discrimination Act 1984 (Cth) (SDA) and the Fair Work Act 2009 (Cth) (FWA) in response to the Respect@Work report (the Report) and implements many … Continue reading
On 17 June 2021, the Australian Human Rights Commission (AHRC) released the “Equality across the board: Investing in workplaces that work for everyone (2021)” report (AHRC Report). The report collates survey and interview data from 118 ASX200 listed companies to portray how these companies are currently combatting the issue of sexual harassment and makes recommendations … Continue reading
In mid-March 2021, amendments were sought to the Sex Discrimination Act 1984 (Cth) (SD Act) by independent member Ms Zali Steggall OAM introducing the Sex Discrimination Amendment (Prohibiting All Sexual Harassment) Bill (Bill). If passed, the Bill will address some of the shortcomings in the SD Act which were initially highlighted by the Australian Human … Continue reading
The recent Australian Human Rights Commission (AHRC) national survey on sexual harassment has made it clear that sexual harassment in the Australian workplace is increasing. In June 2018, the AHRC announced a National Inquiry into Sexual Harassment in the Workplace in order to report, on other things, the prevalence and reporting of harassment and the … Continue reading
The Australian Human Rights Commission (Commission) has recently launched an inquiry into sexual harassment in Australian workplaces (Inquiry). It seems that the ‘watershed’ moment that the #MeToo campaign was hailed as, has indeed driven the momentum to keep the issue alive and for meaningful action to come from it. There can be little argument that … Continue reading
When an organisation is considering making redundancies, it is important to consider whether employees who are pregnant or on parental leave are afforded any special protections under Australian law. Both the Fair Work Act 2009 and anti-discrimination legislation include provisions particularly relating to pregnancy and parental leave, including the right to return to the same … Continue reading
With many organisations having multinational operations, mobility is a matter of increasing significance and the first question to consider is what is the best arrangement for moving people overseas. Two options often faced by companies is to either terminate the employee’s employment with the home entity and commence employment with the overseas entity of the … Continue reading
Prosecution for breaches of the Fair Work Act 2009 (Fair Work Act) is on the rise, and not just against companies but against directors personally. Over the Festive Season / New Year period the Federal Circuit Court handed down nearly $600,000 in penalties in eight separate cases brought by the Fair Work Ombudsman. The recent … Continue reading