By Nicki Milionis, Isobelle Martin and with thanks to Amy Moore
In July, the Queensland Government announced a “nation-leading” regulatory reform requiring persons conducting a business or undertaking (PCBUs) to proactively address workplace sexual harassment and sex or gender-based harassment. The first tranche of these changes will take effect from 1 September 2024, following the
By Nicki Milionis and Yasmine Sahihi
On 2 August 2024, Safe Work Australia announced that the Work Health and Safety (WHS) ministers had accepted recommendations to revise the incident reporting framework of the model WHS Act, including in relation to notification of psychosocial hazards and psychological harm.[1] At the time of writing, the relevant
Authors: Katherine Morris, Michael McCrea
Introduction
A recent decision of the District Court of New South Wales has clarified the content, nature and extent of an officer’s duty to exercise due diligence in relation to safety matters under the Work Health and Safety Act 2011 (NSW) (WHS Act).
Persons conducting a business or undertaking (PCBU)
Flexible work arrangements (FWA) have become increasingly common in recent years, in part due to the COVID-19 pandemic requiring most workers to work from home. Many employees and jobseekers now expect employers to offer flexible work arrangements; it was recently reported that 1 in 2 Singapore workers would quit their job if asked
This article was co-authored with Anastasia Gravas and Yasmine Sahihi.
On 23 April 2024, the United States Federal Trade Commission (FTC) voted to ban non-compete clauses, which prevent a worker from seeking or accepting new employment within an industry after the termination of their employment. The ruling, while already subject to legal challenge, stands as
The starting point under Singapore law is that any contractual term restricting a former employee’s business activities after termination of employment (known as a restraint of trade clause or a restrictive covenant) is – on its face – void and unenforceable for being a restraint on the freedom of trade and contrary to public policy.
By: Nicki Milionis and Michael McCrae with thanks to Yasmine Sahihi and Amy Moore for their contributions
Victoria’s first industrial manslaughter decision pursuant to section 39G of the Occupational Health and Safety Act 2004 (Vic) (OHS Act) was handed down in the Supreme Court recently in R v LH Holding Management Pty Ltd
This article was co-authored with Millie Jones and Ying Yi Lim.
As discussed in our article late last year, the Fair Work Legislation Amendment (Closing Loopholes Act 2023 (the Act)) was passed by Parliament on 7 December 2023. The Act introduced significant changes to “close the labour hire loophole” and prevent bargained rates in
This article was co-authored with Millie Jones.
As mentioned in our article when the Fair Work Legislation Amendment (Closing Loopholes Bill 2023 (Bill) was introduced to Parliament in September 2023, Australia is set for further industrial relations reform – albeit in a slimmed down manner for the moment.
The Government decided to split
This article was co-authored with Jessica Kamleh, Phina Conroy and Michael Wilson.
In late 2022, new provisions were included in the Sex Discrimination Act 1984 (Cth) (SD Act) to impose a positive duty on employers and persons conducting a business or undertaking (PCBUs) to take reasonable and proportionate measures to eliminate, as far as possible