Topic: Australia

Subscribe to Australia RSS feed

Employee dismissed following long term absence due to mental illness: Federal Court finds it lawful

Samantha MaddernBy Samantha Maddern on Posted in Asia Pacific, Australia, Discrimination and harassment
In an important decision last month, the Full Court of the Federal Court of Australia upheld the appeal of an employer who claimed, in dismissing a client executive who had been absent from work for 7 months due to mental health issues, it had acted lawfully and not dismissed him because of his illness.[1] The … Continue reading

Workplace manslaughter legislation introduced in Victoria (Part 2)

Nicki MilionisDaniel MacphersonBy Nicki Milionis and Daniel Macpherson on Posted in Australia, General
Yesterday, 30 October 2019, the Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Bill 2019 (Vic) (the Bill) received its second reading speech in the Victorian Legislative Assembly. The Bill, if passed, provides for the new offence of ‘workplace manslaughter’ to come into operation on a day to be proclaimed or on 1 July … Continue reading

Industrial Manslaughter laws introduced to Victorian parliament today

Nicki MilionisBy Nicki Milionis on Posted in Australia, General
As reported in our earlier article (found here), the Victorian government announced in 2018 that it would introduce an industrial manslaughter offence. The Minister for Workplace Safety, The Hon Jill Hennessy, today announced that new ‘workplace manslaughter’ laws were introduced in Parliament. The Workplace Safety Legislation Amendment (Workplace Manslaughter and other matters) Bill 2019 has … Continue reading

First Industrial Manslaughter prosecution in Queensland

Nicki MilionisDaniel MacphersonBy Nicki Milionis and Daniel Macpherson on Posted in Australia, General
On Friday the Minister for Industrial Relations announced the first prosecution in Queensland for industrial manslaughter under the Work Health and Safety Act 2011 (Qld) (the Act). The industrial manslaughter prosecution has been brought against Brisbane Auto Recycling Pty Ltd (Brisbane Auto) arising from the fatality of a worker killed by a reversing forklift on … Continue reading

Shining the spotlight on dust lung disease in Queensland: a regulatory response for the resources industry

Katherine MorrisPeta WilloughbyMatt WichlinskiBy Katherine Morris, Peta Willoughby and Matt Wichlinski on Posted in Asia Pacific, Australia, General
Since 2015, Queensland’s resources industry has been shaken by the re-emergence of dust lung diseases, largely among the State’s large coal mining workforce.  So far, more than 130 workers have been diagnosed with incurable forms of lung disease across Australia, resulting in 6 Queensland deaths in the past 12 months.[1] The State Government has responded … Continue reading

Not-for-profit organisations bound by the whistleblowing regime

David CrossNorah ChafardetBy David Cross and Norah Chafardet on Posted in Asia Pacific, Australia
From 1 July 2019, not-for-profit incorporated organisations that meet the definition of a “trading or financial corporation” must comply with the corporate sector whistleblower regime in Part 9.4AAA of the Corporations Act 2001 (Cth) (Corporations Act). What entities are obliged to comply with the new whistleblowing regime? The new whistleblower regime applies to “regulated entities”, … Continue reading

The WHS Response to psychological health and a PCBU’s obligations

Nicki MilionisTanya PuriBy Nicki Milionis and Tanya Puri on Posted in Asia Pacific, Australia, General
Psychosocial hazards and work-related stresses are amongst the most challenging workplace health and safety issues. In recent times, there has been an increased focus by WHS regulators on ‘mentally healthy’ workplaces. Organisations are expected to have appropriate systems in place to eliminate or reduce psychosocial hazards, such as bullying and harassment, to effectively respond to … Continue reading

Marie Boland’s Review of the Work Health and Safety Laws, Part 3: Safe Work Australia‘s Consultation Regulation Impact Statement

Nicki MilionisTanya PuriBy Nicki Milionis and Tanya Puri on Posted in Asia Pacific, Australia, General
On 24 June 2019, Safe Work Australia released a Consultation Regulation Impact Statement (RIS) seeking feedback on the possible impacts of implementing the recommendations of the Marie Boland independent review of the model Work Health and Safety Laws final report (Report). In February this year, Marie Boland (former Executive Director of SafeWork SA) delivered the Report which found the model … Continue reading

Crouch, bind, set: Folau to tackle Rugby Australia in the Federal Court

Helene LeeBy Helene Lee on Posted in Asia Pacific, Australia, Contracts, Discrimination and harassment
The termination of Israel Folau’s $4m playing contract has set the scrum for a Federal Court case which is likely to shape the landscape of religious expression and vilification in the employment context. Background Folau’s controversial “warning” on Instagram stated that “Hell awaits” those who are “homosexuals … thieves and atheists”, among others, telling them … Continue reading

Keeping your finger(print) on the pulse:  Employer’s warned of the risks associated with the collection of biometric data

Martin OsborneMatt WichlinskiBy Martin Osborne and Matt Wichlinski on Posted in Asia Pacific, Australia, General
The everyday use of biometric technology in contemporary society is nothing new. We live in a world where we regularly use fingerprint recognition for home security, facial recognition to open our phones and voice recognition to ask Siri to spice up a party by playing the latest Taylor Swift tune.  Despite the significant advancements and … Continue reading

Australian minimum wage to be increased by 3% to $19.49 per hour from 1 July 2019

Global Workplace InsiderBy Jodie Kessler on Posted in Asia Pacific, Australia, General
The Fair Work Commission has determined to award Australian workers a 3% increase on minimum wages. In the Annual Wage Review Decision handed down today, the Fair Work Commission has determined that from 1 July 2019: The national minimum wage and modern award minimum wages are to be increased by 3%. The national minimum wage … Continue reading

New laws in force to prevent “sharp corporate practices” of employers in avoiding payment of employee entitlements

David CrossNorah ChafardetBy David Cross and Norah Chafardet on Posted in Asia Pacific, Australia, General
The Corporations Amendment (Strengthening Protections for Employee Entitlements) Act 2019 (Act) received Royal Assent on 5 April 2019.[1]  The Act amends Part 5.8A of the Corporations Act 2001 (Cth) (Corporations Act) to discourage the use of “sharp corporate practices” used by employers to avoid paying employee entitlements when their business enters winding up, including improper … Continue reading

New code of practice for managing the mental health of FIFO workers

Samantha MaddernKathryn HunterBy Samantha Maddern and Kathryn Hunter on Posted in Asia Pacific, Australia, General
The Western Australian Department of Mines, Industry Regulation and Safety, in conjunction with the Commission for Occupational Safety and Health and the Mining Industry Advisory Committee, has released a Code of Practice “Mentally healthy workplaces for fly-in fly-out (FIFO) workers in the resources and construction sectors” (Code).[1]  The Code recommends implementing a risk-based approach to … Continue reading

New whistleblowing laws require a compliant policy

Samantha MaddernBy Samantha Maddern on Posted in Asia Pacific, Australia
Amendments to the Corporations Act 2001 (Cth) and the Taxation Administration Act 1953 (Cth) take effect from 1 July 2019 ushering in significant changes to Australia’s whistleblowing laws.[1] Chief among the key changes is a requirement on public companies and large proprietary companies[2] to have a compliant whistleblowing policy by 1 January 2020. A failure … Continue reading

Marie Boland’s Review of the Work Health and Safety Laws, Part 2: current status of industrial manslaughter provisions around Australia

Nicki MilionisBy Nicki Milionis on Posted in Asia Pacific, Australia, General
As reported in an earlier article on this blog, Marie Boland (former Executive Director of SafeWork SA) undertook the first review of the model Work Health and Safety (WHS) laws and delivered her report on 25 February 2019 (Report). The Report concluded that the model WHS laws are operating as intended and the “three-tier framework” … Continue reading

Queensland director’s ‘flagrant disregard’ for safety methods leads to custodial sentence following reckless conduct conviction

Katherine MorrisBrittany TyneBy Katherine Morris and Brittany Tyne on Posted in Asia Pacific, Australia
Earlier this year Gary Lavin and his company Multi-Run Roofing Pty Ltd (Multi-Run Roofing) were found guilty by a jury of reckless conduct under the Work Health and Safety Act 2011 (Qld) (the Act), following the death of a worker in July 2014. Mr Lavin was sentenced to 12 months in prison (suspended after 4); … Continue reading

There’s a BEAR in there…

David CrossNazreen AliBy David Cross and Nazreen Ali on Posted in Asia Pacific, Australia, General
What is BEAR? The Banking Executive Accountability Regime (BEAR) is set out in Part IIAA of the Banking Act 1959 and took effect in February 2018. BEAR establishes accountability obligations for authorised deposit-taking institutions (ADIs) and their senior executives and directors. The regime also establishes deferred remuneration, key personnel and notification obligations for ADIs. An … Continue reading

Model terms for annualised wages clause to be included in Modern Awards

Sarah RalphEdwina KaupaBy Sarah Ralph and Edwina Kaupa on Posted in Asia Pacific, Australia
As part of the Fair Work Commission’s (Commission) four-yearly review of Modern Awards[1], the Commission recently handed down a decision on 27 February 2019 (Decision)[2], to insert new model clauses for annual wages into Modern Awards. The Decision applied to 17 Modern Awards that currently contain annualised wage entitlements, and 2 Modern Awards that previously … Continue reading

Two jobs, one employer: Australia Post not liable for overtime pay

Samantha MaddernKathryn HunterBy Samantha Maddern and Kathryn Hunter on Posted in Asia Pacific, Australia
The recent Federal Court decision of Lacson v Australian Postal Corporation [2019] FCA 51 has reaffirmed the position than an employer is not liable for cumulative overtime and allowances where their employee performs different duties at two different locations and two different times. Justice Mortimer dismissed an appeal by an employee of Australia Post, who … Continue reading

Marie Boland’s Review of the model Work Health and Safety laws – industrial manslaughter, enhancing the Category 1 offence, and what it might mean for statutory safety duty holders

Katherine MorrisBy Katherine Morris on Posted in Australia, General
Since the start of this year, two directors have been sentenced to custodial terms for safety offences in relation to separate fatal incidents. In February this year,  Marie Boland’s Review of the model Work Health and Safety laws – Final report (Report) was released  which recommends including a new offence of industrial manslaughter in the … Continue reading

Update on case involving whether employee can be compelled to give evidence in a coronial inquiry

Nicki MilionisBy Nicki Milionis on Posted in Australia
The Full Court of the Federal Court of Australia (Full Court) handed down its decision on 15 February 2019 in Helicopter Resources Pty Ltd v Commonwealth of Australia [2019] FCAFC 25.  The case involves an appeal to the Full Court by Helicopter Resources Pty Ltd (Helicopter) arising from a decision of the Federal Court which … Continue reading

Recent changes to Modern Awards – What employers should know

Martin OsborneBy Martin Osborne on Posted in Asia Pacific, Australia, General
As part of the Commission’s four-yearly review of modern awards[1], the Full Bench of the Fair Work Commission (FWC) recently handed down a number of decisions[2] which have the effect of inserting a model casual conversion clause (Model Clause) into 84 Modern Awards[3] from 1 October 2018.  This provides “regular casual” employees the right to … Continue reading
LexBlog