The AHRC Releases Guidance on New ‘Positive Duty’ for Employers
The Australian Human Rights Commission (the Commission) has released guidance for employers on how to comply with the new positive duty under section 47C of the Sex Discrimination Act 1984 (Cth) (the Sex Discrimination Act).
Flexible Working Arrangements
Recent amendments to the Fair Work Act 2009 expand employee rights to make flexible working arrangement requests. The changes also require employers to follow a detailed process upon receipt of such requests. The amendments also permit employees to escalate their requests and seek orders from the Fair Work Commission (FWC).
Diplomatic Immunity not available to former Indian High Commissioner to Australia for breaches of the Fair Work Act
In an interesting decision traversing both industrial relations and public international law, the Federal Court has found that the former Indian High Commissioner to Australia committed significant breaches of the Fair Work Act between September 2015 and May 2016.
Expansion of the Sick Pay Guarantee Scheme
The Victorian Government’s Sick Pay Guarantee Scheme (the Scheme) commenced operation in Victoria on 14 March 2022. Less than a year after its commencement, attention turned to whether the Scheme’s operation would be expanded as the first year was under budget and uptake by eligible employees was below anticipated levels (see previous article here).
Navigating Australia’s Third Tranche of Workplace Reforms: Implications for Employers
Changes to the Pacific Australia Labour Mobility Scheme
Protecting Worker Entitlements – What Do the Changes Mean for Your Business?
The second tranche of workplace relations reforms have now received Royal Assent, bringing into force the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 (Cth) (Entitlements Act) on 1 July 2023. It is important that employers are aware of the changes and how these changes will impact the workplace.
Challenge to routine requirements for shiftworkers to work on public holidays upheld
The Full Court of the Federal Court has recently held that a roster for 24/7 shiftworkers which included public holidays contravened sections 114(1) and 44 of the Fair Work Act 2009. Click on the link below to download our full summary.
Sick Pay Guarantee scheme: where to next?
Paid Family and Domestic Violence Leave Entitlement Comes into Force
Recently, the paid family and domestic violence leave entitlement provisions in the Fair Work Act 2009 came into force. This new entitlement is available to nearly all employees in Australia and imposes new obligations on employers. So, what is the new entitlement and what do employers need to do when they are faced with a request to take the leave? We provide the answers in our Employment Law team’s most recent article.
Failure to disclose director’s convictions results in costly breach of labour hire licensing legislation
Federal Court finding distinguishes employment class actions from commercial class actions
Secure Jobs, Better Pay Bill: Key Changes at a Glance
The Secure Jobs, Better Pay Bill (Bill) passed both Houses of Parliament and received Royal Assent in early December 2022.
The Bill amends the Fair Work Act 2009 (Cth) (FW Act) to make changes across a wide range of areas including:
prohibiting sexual harassment in connection with work and introducing a sexual harassment dispute resolution process;
amendments to bargaining dispute provisions, including the introduction of intractable bargaining declarations and changes to workplace determinations;
industrial action changes including in relation to protected industrial action;
changes to enterprise agreement termination;
simplifying the initiation of bargaining;
abolishing the ROC and ABCC;
sunsetting zombie agreements;
introducing expert panels;
changes to the enterprise agreement approval process and streamlining the ‘better off overall test’;
significant changes to multi-employer bargaining;
prohibiting pay secrecy clauses in employment contracts and requiring advertising to reflect accurate and lawful pay;
changing the objects of the FW Act and increasing the small claims jurisdiction to $100,000;
introducing a right to make flexible working requests and an associated dispute resolution process; and
prohibiting fixed term employment contracts unless certain exceptions apply.
Sladen Legal has developed an overview of the key changes to the FW Act, including information about the timing of commencement of the changes. Sladen Legal’s summary of the key changes and timing can be accessed at the link below.
Jasmine O'Brien
Principal
M +61 401 926 108 | T +61 3 9611 0149
E: jobrien@sladen.com.au
Katherine Dennis
Principal Lawyer
M +61 407 013 010 | T +61 3 9611 0151
E: kdennis@sladen.com.au
Stephan Hill
Lawyer
T +61 9611 0165
E shill@sladen.com.au
Costly Lesson for Employee’s Conduct – Vicarious Liability and Sexual Harassment
FWC grants out-of-time application delayed because of domestic violence
The Fair Work Commission (FWC) recently held that a general protections application submitted seven minutes late warranted an extension of time because of exceptional circumstances.
Flawed investigation results in reinstatement of training instructor who stared at colleague’s chest
Developments on the positive duty to prevent sexual harassment
The Federal Government has taken further steps to implement outstanding recommendations contained in the Respect@Work Report (the Report), which was initially published by the Sex Discrimination Commissioner (the Commissioner) in January 2020.
Hasty termination lands employer in hot water
Flight Attendant Reinstated After Employer’s Unfair Process
Employers will often refer on previous warnings to support of a decision to terminate the employee’s employment for misconduct. However, a recent case involving Virgin Australia is a reminder for employers to give employees the opportunity to respond to any reliance on former warnings before making a decision to terminate.