Topic: Australia

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Closing the wage theft, redundancy and domestic violence loopholes

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 enterprise agreements from being undercut by the use … Continue reading

Levelling up labour hire pay to become law Has the bell tolled for labour hire?

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 the Bill in two after reaching … Continue reading

The AHRC’s powers commence from 12 December 2023: Are you positive your business is prepared?

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, certain unlawful conduct under the SD … Continue reading

Increased regulation and a potential ban on engineered stone

The status of silica regulation across Australia This article was co-authored by Hattie Wilson In recent years, Australia has seen a significant increase in the number of cases of silicosis and other crystalline silica (silica) related diseases in the workplace.  Silica is a naturally occurring mineral which is used in many products such as asphalt, … Continue reading

Managing the risks of concussions in contact sports: a Senate inquiry

This article was co-authored by Hattie Wilson In recent years, evidence of the link between concussions and repeated head trauma sustained in contact sports, and the short and long-term impacts of such injuries on an individual’s health, has gained increasing awareness and concern, both in Australia and internationally. Consequently, on 1 December 2022, the Senate … Continue reading

The future of underpayment proceedings: The Fair Work Ombudsman and union led class actions

This article was co-authored with Kate Green and Rachael Lee. Amidst an exponential increase in wage theft and pay compliance matters, the proliferation of underpayment proceedings in recent years has created complexity as employers face a hotbed of often overlapping and competing claims from employees, unions, third party funders and the Fair Work Ombudsman (the … Continue reading

Rude awakening – High Court rules on employer vicarious liability for after-hours conduct in shared staff accommodation

This article was co-authored by Roxanne Hilton, Amy Parry and Grace Carlson. The High Court in CCIG Investments Pty Ltd v Schokman has recently overturned a decision of the Queensland Court of Appeal, shedding light on when wrongful acts occur ‘in the course or scope of an employee’s employment’.[1] Course or scope of employment? A … Continue reading

No Loopholes Here: The ‘Closing Loopholes’ Bill Explained

The third tranche of the Federal Government’s industrial relations reforms was introduced to Parliament on 4 September 2023 to make good on a number of reforms foreshadowed in the most recent Federal election and at the 2022 Jobs and Skills Summit.  After a year of significant development in the employment and industrial relations space, the … Continue reading

Update: Current status of WHS Regulations addressing psychosocial risks

Following amendments made by Safe Work Australia (SWA) to the model Work Health and Safety Act and the model Work Health and Safety Regulations (model WHS Regulations) in June 2022 (see our related blog articles here and here), the Commonwealth, and most States and Territories have implemented specific regulatory duties requiring persons conducting a business … Continue reading

Protecting Worker Entitlements reforms – more key dates for employers

This article was co-authored with Lachlan Crosbie. Employers need to be aware of key changes to legislation protecting employee rights which will commence in the coming months. The Fair Work Legislation (Protecting Employee Entitlements) Act 2023 (Protecting Employee Entitlements Act) marks the Government’s second major reform to the Fair Work Act 2009 (FW Act). The … Continue reading

The right to disconnect and managing the psychosocial risks of being ‘online’ outside office hours

It’s no secret that the COVID-19 pandemic disrupted the general routine of how employers and employees engage with work, causing a spike in formal policies facilitating flexible work.[1] However, there is now growing support for stronger boundaries to be put in place to distinguish workers’ personal and professional lives as they struggle against an ‘availability … Continue reading

A last sunset for Zombie Agreements

In the second update in our series, we take a closer look at the key amendments introduced by the Fair Work Legislation (Secure Jobs, Better Pay) Act 2022 (Cth) (Secure Jobs Act) which significantly amended the Fair Work Act 2009 (Cth) (FW Act). Our article summarising the key changes can be accessed here. This update … Continue reading

Changes to family and domestic violence leave in Australia

From today, Australian permanent and casual employees working for non-small business employers can access 10 days of paid family and domestic violence leave (FDV Leave) every 12 months to deal with the impacts of family and domestic violence. This new entitlement replaces the previous National Employment Standards entitlement to 5 days of unpaid FDV Leave. Employees … Continue reading

Changes to the Fair Work Act – a closer look

Terminating enterprise agreements past their nominal expiry The Fair Work Legislation (Secure Jobs, Better Pay) Act 2022 (Secure Jobs Act) received Royal Assent on 6 December 2022, significantly amending the Fair Work Act 2009 (FW Act). Our article summarising the changes can be accessed here. This update is the first in a series of updates taking … Continue reading

Proposed amendments to Commonwealth WHS Act

The author acknowledges the contribution of Artemis Sfendourakis to this article. On 1 December 2022, the Work Health and Safety Amendment Bill 2022 (Amendment Bill) was introduced by the Federal government to amend the Work Health and Safety Act 2011 (Cth) (Cth WHS Act). The Amendment Bill seeks to implement some of the recommendations made … Continue reading

Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 becomes law

This article was co-authored with Jessica Kamleh. The Federal Government’s highly anticipated Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (Bill) passed Parliament on 2 December 2022. A snapshot of the key changes are set out below. We have highlighted in grey the amendments to the Bill which have been negotiated between the Government and … Continue reading

New WHS legal duties to manage psychosocial hazards in the workplace

Legal obligations requiring persons conducting a business or undertaking (PCBU) to manage psychosocial hazards in accordance with work health and safety (WHS) laws are continuing to come into effect across the country. Psychosocial hazards are hazards that may cause psychological and/or physical harm arising from, or in relation to, the design or management of work, … Continue reading

Implementing the Respect@Work report recommendations

This article is co-authored by Jessica Kamleh and Artemis Sfendourakis Embarking on fulfilment of its election promise to implement all 55 recommendations made by Sex Discrimination Commissioner Kate Jenkins in the Respect@Work report (Report), the Federal Labor government introduced the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 (Respect@Work Bill) on 27 … Continue reading

We explore the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022

This article was co-authored with Jessica Kamleh, Sarah Katz, and Lachlan Crosbie. The highly anticipated Federal Government’s Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (Bill) has been introduced to Parliament.  This Bill proposes ambitious changes to the Fair Work Act 2009 (Cth) (FW Act) and mirrors many of the proposals which emerged … Continue reading

Global Employment Law – Work from Anywhere: Leadership Challenges – Transforming Workplace -#17

This is the 17th paper in our Transforming Workplace series. In our earlier article, we explored why employees’ expectations of their leaders have changed and why organisations need to upgrade leaders’ skills and behaviours.   In this paper we now examine ow organisations can upskill their leaders to meet the specific leadership challenges arising from ‘work … Continue reading
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