Pioneering thought — Sladen Legal

Jasmine O'Brien

The AHRC Releases Guidance on New ‘Positive Duty’ for Employers

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

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).

Sick Pay Guarantee scheme: where to next?

Sick Pay Guarantee scheme: where to next?

Almost one year into its two-year pilot, the Victorian Sick Pay Guarantee scheme has paid out more than one million hours of sick and carer’s leave to casual employees at a cost of more than $22 million.  The scheme is currently fully funded by the Victorian Government. 

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           

Sladen Snippet - Sweet victory for Mondelez after High Court rules on the meaning of ‘day’ for personal / carer’s leave

Sladen Snippet - Sweet victory for Mondelez after High Court rules on the meaning of ‘day’ for personal / carer’s leave

In a significant victory for Australian employers, the High Court has ruled in favour of Cadbury manufacturer Mondelez Australia Pty Ltd clarifying the meaning of the word “day” in the context of personal/carer’s leave entitlements under the Fair Work Act 2009 (Cth) (FW Act).

Employers can use JobKeeper to Offset Annual Leave Liabilities

Employers can use JobKeeper to Offset Annual Leave Liabilities

JobKeeper is not just a financial subsidy for qualifying employers. We previously wrote about the extraordinary powers that employers help get them to the other side of the COVID-19 pandemic (or at least until September when the JobKeeper scheme is scheduled to end).

Can you make your employees download the COVIDSafe App?

Can you make your employees download the COVIDSafe App?

Many businesses around the country are eagerly anticipating being able to trade again. For some employers, this has included encouraging employees and customers to download the Federal Government’s COVIDSafe App. Questions have risen around whether employers can require their employees to download the COVIDSafe App before returning to work.

Employment Law Benefits of JobKeeper

Employment Law Benefits of JobKeeper

Federal Parliament has recently legislated its $130 billion JobKeeper scheme. This will result in approximately 6 million workers receiving a fortnightly payment of $1,500 through their employer. These employees must have been employed at 1 March 2020 and remain employed during this time.

Will employment laws change after the election?

Will employment laws change after the election?

A Federal Election is anticipated in the first half of this year. If current opinion polls are to be believed there is a real possibility that the Government will change, which is likely to result in industrial relations reform. 

Sladen Snippet - Minimum wage increase of 3.5 per cent as of 1 July 2018

Sladen Snippet - Minimum wage increase of 3.5 per cent as of 1 July 2018

Today, the Expert Panel for annual wage reviews (Panel) of the Fair Work Commission (Commission) has held that it is appropriate to increase the modern award minimum wages by 3.5 per cent. The national minimum wage (NMW) will now be $719.20 per week (that is, $18.93 per hour). The determinations and order giving effect to the Panel’s decision will come into operation on 1 July 2018.