Topic: Asia Pacific

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AHRC Report: ASX200 companies and sexual harassment

Photo of Alexandra ShieldsPhoto of John TullioBy Alexandra Shields and John Tullio on Posted in Australia, Discrimination and harassment
On 17 June 2021, the Australian Human Rights Commission (AHRC) released the “Equality across the board: Investing in workplaces that work for everyone (2021)” report (AHRC Report).  The report collates survey and interview data from 118 ASX200 listed companies to portray how these companies are currently combatting the issue of sexual harassment and makes recommendations … Continue reading

SafeWork NSW approves Code of Practice on managing psychosocial hazards

Photo of Katherine MorrisPhoto of Melissa CarnellPhoto of Brittany TyneBy Katherine Morris, Melissa Carnell and Brittany Tyne on Posted in Asia Pacific, Australia, General
SafeWork NSW has approved Australia’s first Work Health and Safety (WHS) Code of Practice on managing psychosocial hazards at work (the Code). The Code took effect on 28 May 2021. The WHS Act provides that an approved code of practice is admissible in Court proceedings as evidence of whether or not a duty or obligation … Continue reading

Outcomes of Australian WHS Ministers’ meeting to respond to recommendations arising from the Boland independent review

Photo of Nicki MilionisBy Nicki Milionis on Posted in Australia
The long-awaited meeting of Australian WHS Ministers to discuss the response to the 34 recommendations contained in the Marie Boland independent review of the model Work Health and Safety Laws final report (published in February  2019) (Boland report), took place on 20 May 2021.  We have previously discussed the Boland report and its recommendations in … Continue reading

Australian Sexual Harassment Landscape to Change

Photo of Alexandra ShieldsPhoto of Shannon WalkerPhoto of Electra DowBy Alexandra Shields, Shannon Walker and Electra Dow on Posted in Australia
In mid-March 2021, amendments were sought to the Sex Discrimination Act 1984 (Cth) (SD Act) by independent member Ms Zali Steggall OAM introducing the Sex Discrimination Amendment (Prohibiting All Sexual Harassment) Bill (Bill). If passed, the Bill will address some of the shortcomings in the SD Act which were initially highlighted by the Australian Human … Continue reading

Workplace sexual harassment: New WHS guidance materials

Photo of Nicki MilionisPhoto of John TullioBy Nicki Milionis and John Tullio on Posted in Asia Pacific, Australia
The focus on sexual harassment in the workplace, particularly as a risk to the psychological health of employees, has continued in 2021. Australian Human Rights Commission report into workplace sexual harassment The Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces published in March 2020 (Respect@Work Report), found that whilst the Model Work Health and … Continue reading

Changing the law for casual employees

Photo of Helene LeePhoto of Allana SmithPhoto of Joshua RichardsBy Helene Lee, Allana Smith and Joshua Richards on Posted in Asia Pacific, Australia
What has happened so far? Last month the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021, also known as the Omnibus Legislation, came into effect.  This reformed the legal definition of a casual employee and introduced a statutory definition of a “casual employee” for the first time in Australia. For a long … Continue reading

Global client-facing guide on the employment status of gig workers

Photo of Helene LeePhoto of William DawesBy Helene Lee and William Dawes on Posted in Australia
Norton Rose Fulbright Australia’s Employment and Labour team has collaborated with our global counterparts to prepare a guide on the status of gig workers across various jurisdictions. The guide is available here. Employment and labour practitioners in each jurisdiction have set out the current employment status at law of gig workers, before explaining the grey … Continue reading

Western Australia set for WHS Reform

Photo of Katherine MorrisPhoto of Annika MartzPhoto of Shannon WalkerBy Katherine Morris, Annika Martz and Shannon Walker on Posted in Australia
The Work Health and Safety Bill 2019 (WA) received assent on 10 November 2020 (WHS Act). The WHS Act introduces the offence of industrial manslaughter and will harmonise WA’s work health and safety (WHS) laws with most other Australian states and territories. This harmonisation is long overdue in WA with the other states and territories … Continue reading

WHS regulators issue guides and codes of practice on psychological health and managing sexual harassment claims

Photo of Katherine MorrisPhoto of Annika MartzPhoto of Brittany TyneBy Katherine Morris, Annika Martz and Brittany Tyne on Posted in Australia
Earlier this year, the Respect@Work – National Inquiry into Sexual Harassment in Australian Workplaces, conducted by the Australian Human Rights Commission made key recommendations addressing psychological health and sexual harassment in Australian workplaces. Specifically the inquiry recommended: the model WHS Regulations should be amended to address psychological health by identifying and appropriately controlling work-related psychosocial … Continue reading

Record fine imposed on Ardent Leisure Limited over Dreamworld fatalities

Photo of Nicki MilionisPhoto of Allana SmithBy Nicki Milionis and Allana Smith on Posted in Australia
Background On 25 October 2016, Kate Goodchild, Luke Dorsett, Cindy Low & Roozbeh Araghi suffered fatal injuries on Dreamworld’s Thunder River Rapids Ride after the raft they had been travelling in collided with another raft. Coroner James McDougall undertook a Coronial Inquest (Inquest) which resulted in the Findings of Inquest (Findings) delivered on 24 February … Continue reading

Legacy Employers: Who are they? Can they still access the temporary JobKeeper enabling directions under the Fair Work Act 2009 (Cth)?

Photo of David CrossBy David Cross and Norah Chafardet on Posted in Australia, Coronavirus
When extending Part 6-4C of the Fair Work Act (Cth) (FW Act), the government recognised there would be employers who had previously qualified for the JobKeeper scheme, but who would no longer qualify to participate in the scheme following its extension past the end of September 2020.… Continue reading

Amendments to the JobKeeper scheme

Photo of David CrossBy David Cross and Norah Chafardet on Posted in Australia
On 3 September 2020, the Coronavirus Economic Response Package (JobKeeper Payments) Amendment Act 2020 (Cth) (Act)[1] passed both houses of the Commonwealth Parliament, extending the JobKeeper scheme, varying employer JobKeeper eligibility requirements and making amendments to the Fair Work Act 2009 (Cth) (FW Act).… Continue reading

ASIC’s guidance indicates employers should make a provision in financial reports for employee entitlements owed to past and present casual employees who worked regular and systematic hours

Photo of David CrossBy David Cross and Norah Chafardet on Posted in Australia
The Australian Securities and Investment Commission (ASIC) has issued a guidance note (Guidance) in relation to financial reporting and audit requirements under Chapter 2M of the Corporations Act 2001 (Corporations Act).[1]… Continue reading

How to address employment issues involving a whistleblower

Photo of David CrossBy David Cross and Norah Chafardet on Posted in Australia
Under the whistleblowing regime in the Corporations Act 2001 (Cth) (CA), it is unlawful for someone to cause or threaten to cause detriment to, or victimise, a person because they believe or suspect that the person has made, may have made, or could make a whistleblowing disclosure (Whistleblower).  Very substantial civil and criminal sanctions apply … Continue reading

Caution for employers: redundancy entitlement when employer changes employment conditions and employee continues working for their employer

Photo of David CrossBy David Cross and Norah Chafardet on Posted in Australia
The Federal Court of Australia (FCA) recently considered this issue in Broadlex Services Pty Ltd v United Workers’ Union [2020] FCA 867,[1] holding that an employee who was required to transfer her full-time employment to part-time was entitled to redundancy pay, because the employer no longer required the full-time job to be performed by anyone. … Continue reading

Victoria’s wage theft legislation

Photo of Helene LeePhoto of Daniel MacphersonBy Helene Lee and Daniel Macpherson on Posted in Australia
On 16 June 2020, the Victorian Parliament passed the Wage Theft Bill 2020 in response to a series of high-profile underpayment cases.  The prevalence of these underpayments, according to Victorian Attorney-General Jill Hennessy, indicates that the civil penalty regime under the Fair Work Act 2009 (Cth) is failing to provide a sufficient deterrent against wage … Continue reading

Can injuries sustained working from home, including death, be considered to have occurred in the course of employment?

Photo of David CrossPhoto of Nazreen AliBy David Cross, Nazreen Ali and Norah Chafardet on Posted in Australia
The Court of Appeal of the Supreme Court of New South Wales considered this issue in Workers Compensation Nominal Insurer v Hill [2020] NSWCA 54,[1] confirming that a death which happened while working from home occurred as a result of injury arising out of and in the course of the deceased’s employment.… Continue reading

The Miscellaneous Award now has greater reach

Photo of Shannon WalkerBy Shannon Walker on Posted in Australia
On 12 February 2020 the Fair Work Commission (Commission) amended the Miscellaneous Award 2010 with effect from 1 July 2020. The changes extend the coverage of this Award to traditionally award-free employees with potentially far reaching consequences for some employers.… Continue reading
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