Topic: Australia

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The long-awaited ‘Independent Review of Occupational Health and Safety Compliance and Enforcement in Victoria’

Nicki MilionisBy Nicki Milionis on Posted in Asia Pacific, Australia
Despite being dated November 2016, the long-awaited report entitled ‘Independent Review of Occupational Health and Safety Compliance and Enforcement in Victoria’ (the review) was released on 18 December 2017, just in time for some light holiday reading.  At the same time the Victorian government response to the review was also released (the government response). The … Continue reading

Changes to the Heavy Vehicle National Law coming in mid-2018

Katherine MorrisAnnika MartzBy Katherine Morris and Annika Martz on Posted in Asia Pacific, Australia
Australia’s Heavy Vehicle National Law (HVNL) is changing in mid-2018.  The changes are not only relevant to businesses that drive or operate heavy vehicles.  They will also apply to any businesses that consign, pack, load or receive goods by heavy vehicles. Background to Chain of Responsibility Amendments As a result of concerns expressed by industry … Continue reading

What do #MeToo and #TIMESUP mean in an Australian workplace context?

Sarah RalphBy Sarah Ralph on Posted in Asia Pacific, Australia
In the wake of the Harvey Weinstein allegations surfacing in October 2017, the ‘MeToo’ movement has gained widespread traction after women and men around the world started sharing their experiences of workplace sexual harassment and sexual violence on twitter using the hashtag #MeToo. In circumstances where one in five people surveyed by the Australian Human Rights … Continue reading

“Casual” employee awarded 15 years of annual leave

Nicola MartinBy Nicola Martin on Posted in Asia Pacific, Australia, Contracts
The recent case of Apostolides v Mantina Earthmovers & Constructions Pty Ltd [2018] FCCA 279 serves as a useful reminder to ensure that your organisation’s award or agreement covered casual employees are “engaged and paid as such”. In this case the Federal Circuit Court determined that an employee whom the employer purported was a casual … Continue reading

Capture the (union’s) flag – Building contractors stuck between a rock and a hardhat regarding the display of building association insignia on building sites

Martin OsborneAndrew WheeldonBy Martin Osborne and Andrew Wheeldon on Posted in Asia Pacific, Australia
The Australian Building and Construction Commission (ABCC) has recently released further guidance material in relation to its interpretation of, and likely enforcement approach towards, the freedom of association provision within the Building Code 2013 (Code 2013) and Code for Tendering and Performance of Building Work 2016 (Code 2016). The freedom of association provisions within both … Continue reading

Absence of work-wages bargain crucial for Fair Work Commission in concluding that an Uber driver was not an employee

David CrossNorah ChafardetBy David Cross and Norah Chafardet on Posted in Asia Pacific, Australia
The Fair Work Commission (FWC) recently handed down a decision[1] which concluded that an Uber driver was not an employee for the purposes of the Fair Work Act 2009 (Cth) (FW Act), but an independent contractor, meaning that his unfair dismissal application was dismissed. The decision, the first of its kind in Australia, only increases … Continue reading

Fair Work Commission considers award provision allowing employers to deduct pay where an employee fails to give sufficient notice

Helene LeeAnthony RuniaBy Helene Lee and Anthony Runia on Posted in Asia Pacific, Australia
As part of its four yearly review of modern awards, the Full Bench of the Fair Work Commission (FWC) has recently considered whether a clause found in many modern awards allowing employers to make deductions from an employee’s termination pay (where the employee fails to give sufficient notice of resignation) should be removed, changed or … Continue reading

23 redundancies with no consultation? Federal Court says ‘that’s OK’

Samantha MaddernPatrick WilliamsBy Samantha Maddern and Patrick Williams on Posted in Asia Pacific, Australia
An employer decides to abolish 23 full-time positions due to a lack of funding.  Surely this is a major change likely to have a significant effect on employees which obliges the employer to consult with those employees as per the consultation term in their enterprise agreement? While many would say ‘yes, of course’, the Federal … Continue reading

Drug and alcohol testing: have you got your employee’s consent?

Jason NoakesBy Jason Noakes on Posted in Asia Pacific, Australia
The idiom “I’m chained to my desk” is one familiar to many, but for the Queensland District Court the relationship between the workplace and incarceration may not always stop there. In Pere v Central Queensland Hospital and Health Service[1], a hospital fire safety and security officer brought an action against his former employer, Queensland Hospital … Continue reading

Beware of repudiating the employment contract of an employee who intends to jump ship and join your competitor

Samantha MaddernPatrick WilliamsBy Samantha Maddern and Patrick Williams on Posted in Asia Pacific, Australia, Contracts
Your employee resigns to join your arch rival. You’re not worried because you know you have ‘water tight’ post-employment restraints in the contract of employment. But, if in reacting to the employee’s untimely resignation, you breach the contract and this breach amounts to a repudiation of the contract, then your restraints will be unenforceable. This … Continue reading

Do you provide or use labour hire services? Important changes are coming for labour hire in Queensland and other jurisdictions

Takara RaymondBy Takara Raymond on Posted in Asia Pacific, Australia
Do you provide or use labour hire services?  Important changes are coming for labour hire in Queensland and other jurisdictions A labour hire licensing scheme will commence in Queensland, and it is expected that other states will follow suit. The Labour Hire Licensing Act 2017 (Act) was passed by the Queensland Parliament on 7 September … Continue reading

A New Era in Franchising Compliance is Here

Stephen GilesHelene LeeBy Stephen Giles and Helene Lee on Posted in Asia Pacific, Australia
The Federal Government’s Protecting Vulnerable Workers Bill received the Royal Assent on 14 September 2017. With the exception of the provisions in relation to responsible franchisors (which commence on 27 October 2017), the Fair Work Amendment (Protection of Vulnerable Workers) Act 2017 (Cth) (Act) commenced on Friday 15 September 2017. We recommend that franchisors take … Continue reading

$1.7 million in damages for victim of workplace bullying

Samantha MaddernBy Samantha Maddern on Posted in Asia Pacific, Australia
The Queensland Supreme Court last month awarded $1,703,530 in damages against an employer, whose Chief Executive Officer’s “unjustified blaming, humiliation, belittling, isolation, undermining and contemptuous disregard” of the plaintiff employee resulted in serious psychiatric injury. The employer was found vicariously liable for the CEO’s actions and to have breached its own duty of care.… Continue reading

Protected species? Considering rights associated with pregnancy and parental leave in the event of redundancy

Alexandra ShieldsBy Alexandra Shields on Posted in Asia Pacific, Australia
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

2.5 million casual employees could soon have the right to become permanent

Samantha MaddernBy Samantha Maddern on Posted in Asia Pacific, Australia
In a landmark decision, on 5 July 2017 a 5-member full bench of the Fair Work Commission (FWC) has accepted the primary proposition of the Australian Council of Trade Unions (ACTU) that the “unrestricted use of casual employment without the safeguard of a casual conversion clause may operate to undermine the fairness and relevance of … Continue reading

Continuing reform of the Heavy Vehicle National Law – Now is the time to ensure you comply

Amy LeonardBy Amy Leonard on Posted in Asia Pacific, Australia
There has been significant activity recently in the area of safety regulation for the heavy vehicle transport industry (see our previous updates) and further reforms are on the way. In particular, key amendments to the chain of responsibility (CoR) and executive officer liability provisions in the Heavy Vehicle National Law (HVNL) are set to commence in … Continue reading

Queensland introduces chain of responsibility legislation for non-conforming building products

Katherine MorrisBy Katherine Morris on Posted in Asia Pacific, Australia
The Queensland Government proposes to introduce comprehensive changes to its building and construction laws through the amendments to the Queensland Building and Construction Commission Act 1991 (QBCC Act) proposed by the Building and Construction Legislation (Nonconforming Building Products – Chain of Responsibility and Other Matters) Amendment Bill 2017 (Amendments), introduced in to Parliament on 26 … Continue reading

Anti-bullying laws and the boardroom

Martin OsborneBy Martin Osborne on Posted in Asia Pacific, Australia
Board members can occupy positions of high responsibility and power.  A recent decision of the Fair Work Commission has shed light however on whether they may also fall under the category of ‘worker’ for the purposes of anti-bullying laws.… Continue reading

Reinstatement of employees following disingenuous consultation

Sally WoodwardBy Sally Woodward on Posted in Asia Pacific, Australia
The Fair Work Commission has recently made orders reinstating four employees whose employment had been terminated for reason of redundancy. The decision is a timely reminder of the importance of employers ensuring that they consult in a meaningful and genuine way with affected employees in a redundancy situation, where those employees are covered by an … Continue reading

Enterprise bargaining – minor technical deficiencies can derail the whole process

Samantha MaddernBy Samantha Maddern on Posted in Asia Pacific, Australia
If your business is considering making an enterprise agreement, you must strictly comply with the procedural requirements of the Fair Work Act 2009 (FW Act) and ensure you use the newly amended Notice of Employee Representational Rights. For those who have already commenced bargaining, small mistakes made during the bargaining process may mean the parties’ … Continue reading
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