Topic: Australia

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Temporary variations to the Hospitality and Clerks modern awards in response to the COVID-19 pandemic

David CrossMartin OsborneNorah ChafardetBy David Cross, Martin Osborne, Norah Chafardet and Bronwyn Hammond on Posted in Australia, Coronavirus
The Fair Work Commission (FWC) has acted on applications made by employer associations and unions by varying a number of awards to introduce temporary flexibility provisions in light of the COVID-19 pandemic and the associated public health orders. These important measures aim to provide employers with the flexibility to resource their businesses appropriately in the … Continue reading

Australian Human Rights Commission – Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces

David CrossBy David Cross and Georgia Wolff on Posted in Australia
The Australian Human Rights Commission (AHRC) has recently released its ‘Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces’ report (Report) in response to the decision in June 2018 by the Sex Discrimination Commissioner, Kate Jenkins, and the then Minister for Women, the Hon Kelly O’Dwyer, to launch the independent national inquiry into sexual harassment … Continue reading

Coronavirus and Discrimination: The balance between protecting the workforce and community and avoiding unlawful discrimination  

Samantha MaddernShannon WalkerBy Samantha Maddern and Shannon Walker on Posted in Asia Pacific, Australia, Coronavirus
Last week a Malaysian student of Chinese descent returned to her rented home in Perth’s southern suburbs after visiting family in Malaysia for a few weeks. Upon arriving home, she found the locks had been changed and a handwritten sign was on the door, notifying her she was no longer welcome in the house given … Continue reading

Australia – What to look out for in employment law in 2020

David CrossWilliam DawesBy David Cross and William Dawes on Posted in Asia Pacific, Australia, General
2019 saw many legislative and jurisprudential developments in employment law which should be top of mind for employers moving forward in 2020.  In this article, we summarise the main issues to watch in 2020. The underpayment crisis – “wage theft” The recent spate of very public self-reported wage underpayments by businesses has resulted in increased … Continue reading

Australia – Things to look out for in WHS law in 2020

Katherine MorrisAnnika MartzBy Katherine Morris and Annika Martz on Posted in Asia Pacific, Australia, General
This blog identifies developments in WHS law to watch in 2020: Industrial Manslaughter Offences The number of Australian jurisdictions with industrial manslaughter offences in operation will expand this year. Currently, the ACT and Queensland are the only states with such legislation in operation. The Victorian law, the Workplace Safety Legislation Amendment (Workplace Manslaughter and other … Continue reading

Taking it a day at a time

David CrossNazreen AliBy David Cross and Nazreen Ali on Posted in Asia Pacific, Australia, General
Section 96 of the Fair Work Act 2009 (Cth) (the Act) provides that “for each year of service with his or her employer, an employee [excluding casual employees] is entitled to 10 days of paid personal/carer’s leave”.  This entitlement accrues progressively during a year of service according to the employee’s ordinary hours of work and it accumulates from year to year. What is … Continue reading

Industrial manslaughter progresses in the Northern Territory and Western Australia

Katherine MorrisMelissa CarnellBy Katherine Morris and Melissa Carnell on Posted in Australia
Following our recent updates regarding the introduction of workplace manslaughter laws in Victoria (see our blog article here) and proposed legislative changes in New South Wales (see our blog article here), there have now been further developments, with industrial manslaughter laws being passed in the Northern Territory (NT) and proposed in Western Australia as part … Continue reading

Don’t be so reckless – Employer convicted in first successful safety prosecution for bullying under the harmonised WHS Act

Peta WilloughbyMatt WichlinskiBy Peta Willoughby and Matt Wichlinski on Posted in Asia Pacific, Australia
Safe Work Australia has recently revealed that the number of serious workplace injuries related to bullying and harassment has nearly doubled in Australia since 2009.  Mental health-related  claims that involve workplace harassment or bullying are skyrocketing, with about a quarter of all psychological claims based on allegations of workplace harassment or bullying.  In the 2019/20 … Continue reading

Wrong interpretation of industrial agreement leads to successful underpayment claim for 150 workers

Samantha MaddernKathryn HunterBy Samantha Maddern and Kathryn Hunter on Posted in Asia Pacific, Australia, General
The Federal Court of Australia recently decided in favour of a representative proceeding (more commonly known as a ‘class action’) brought on behalf of approximately 150 workers, and backed by the Construction, Forestry, Mining, and Maritime Employees Union against Thiess Pty Ltd, on the question of payment for travel time at the end of a … Continue reading

New South Wales responds to Marie Boland Review recommendations

Katherine MorrisMelissa CarnellBy Katherine Morris and Melissa Carnell on Posted in Asia Pacific, Australia, General
New South Wales has introduced a WHS Amendment Bill (Bill) in response to the recommendations of the Marie Boland report issued in February 2019 (see our blog article here regarding the Marie Boland review). The changes, if passed, will commence on the day they receive royal assent. The Bill proposes to: increase maximum penalties (with … Continue reading

Workplace manslaughter legislation introduced in Victoria (Part 3)

Nicki MilionisTanya PuriBy Nicki Milionis and Tanya Puri on Posted in Asia Pacific, Australia, General
Bill update As reported in earlier articles on this blog, the Victorian Legislative Assembly has heard the second reading speech of the Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Bill 2019 (Vic) (the Bill) and passed the Bill on 14 November 2019. The Bill was sent to the Legislative Council on 14 November 2019 … Continue reading

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
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