HR News

Human Resources News

13th December 2017

Special Leave Application Explores Employer’s Liability Regarding System of Work – Is it Better to Speak Up?

A Special Leave Application (‘Application’) was filed with the High Court in respect of Mr Ryan Briggs work injury damages claim dealing with the alleged negligence of the NSW Police Force (‘the Defendant’) and its response to his disclosure to Inspector Sipos that he was struggling his direct manager.
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New whistleblower protection laws hit parliament in Australia

After a long period of consultation, the Australian Government has tabled a Bill aimed at improving protection for whistleblowers in the corporate, financial, credit and tax sectors. If passed, the new legislation will usher in a range of changes, including a requirement that public companies and large private companies implement internal whistleblower policies.
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Governance and workplace relations and safety: What does the board need to know?

The role of a director is getting increasingly difficult and onerous. There is a tension between allowing management to address and deal with the operations of the business and the legal obligations imposed on directors which require that they sometimes delve deep into operational matters. This can cause conflict with management but also with the director who may perceive their best contribution differently. The obligations of directors when it comes to safety are well known but those associated with the engagement of a workforce for the business are not so well known but increasingly the focus of regulators.
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From cyber space with love: managing social media risks

Social media in the age of post-truth is the second most likely trend bound to affect organisational reputations. Multi-faceted and unpredictable, the social media risk landscape can challenge the most tech-savvy organisations. In our experience advising organisations, key exposures can be grouped into three categories: employee-related risks, IP issues and reputational damage.
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Amazon’s track record may signal a change in Australian industrial relations

Amazon’s entry to Australia signals a wider and worrying trend in worker relations. The company’s model, resting on heavy automation, means fewer low and middle skill jobs. Like other multinational companies that enter the Australian marketplace, Amazon will have different industrial relations practices and this could signal changes in union relations.
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Employment outlook strongest in six years

The looming new year looks likely to see a downturn in unemployment, as hiring expectations in Australia finish off FY2017 at a six-year high, according to new figures.
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Law allowing bosses to sack pregnant women to be abolished

A legal exemption allowing employers to sack or refuse to hire a woman who knew she was pregnant when she applied for a job will be abolished. Two subsections in the NSW Anti-Discrimination Act 1977 allow employers to fire women who knew, or ought to have known, they were pregnant when they applied for a job.
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NSW Labor commits to extending paid domestic violence leave to 10 days

This would entitle every worker in every NSW workplace to take 10 days' (non-accumulative) paid domestic violence leave each year.
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Businesses warned against sponsoring union picnic day

Businesses have been warned it could be illegal for them to sponsor the donkey ride, sausage sizzle, climbing wall, children's face painting, the petting zoo or toy train at a family picnic day organised by trade unions.
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The most common dodgy work expense claims made by Australians

More than half of Australian employees (58 per cent) think it's okay to fudge their work expense claims as long as they are sensible about it, according to global research. Among the more outrageous claims made are for anniversary dinners and condoms, according to a survey by expense management software maker webexpenses.
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6th December 2017

All I want for Christmas…is legal protection from vicarious liability

Christmas is nearly upon us and everyone in the workplace is looking forward to kicking back and celebrating the end of another busy year. Everyone, that is, except for Human Resources – who are tasked with the unenviable job of attempting to navigate the legal minefields scattered throughout the festive season, without being branded the office Fun Police.
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Terminating employment during the probation period

Many employers believe that if they terminate an employee during the employee’s probation period, they will be protected from any claim. This is not necessarily correct
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Keep your cool—a review of the Commissions' approach to workplace aggression

As the High Court prepares to examine whether employers need to protect employees from psychological damage caused by investigations into workplace assault, it is timely to examine our employment Commissions' views on when aggressive workplace behaviour justifies dismissal.
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Deducting pay where an employee fails to give sufficient notice

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 included in all modern awards.
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23 redundancies with no consultation? Federal Court says ‘that’s OK’

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?
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Name-and-shame website for dodgy employers launches, but does Australia really need one?

Concerns about underpayments in the hospitality sector have been big news in 2017. From cases involving high-profile celebrity chefs to those in fast food franchises, there’s been no shortage of examples of employees being underpaid their entitlements this year. But is a union-backed website for naming and shaming employers the best way to ensure workers are paid properly?
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Despite Weinstein, Burke and more, little has changed inside the ordinary workplace

Amber Harrison asked her Twitter followers this week to imagine if her story had dropped now, "then in response a gang of rich powerful men, running a massive media company, used a court process and PR teams to attack and silence one woman. How would that have played out in the current climate."
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Technology to transform the way we teach and learn

Technological transformation may consign scores of current professions to the dustbin of history. But it will spawn plenty of new occupations, from privacy guardian to chief ethics officer, career transitionist and avatar personality designer, a University of NSW forum heard last week.
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New report: Australian businesses are losing staff over lack of future opportunities

A new report has found 1 in 10 staff members are voluntarily resigning from their positions after Australian organisations are failing to offer meaningful career development opportunities for employees.
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Performance and conduct issues for employees raising mental illness

Around 45% of Australians aged between 16 and 85 will experience a mental illness in their lifetime, and 1 in 5 Australian adults will experience a mental illness in any given year.[1] Therefore, it is very likely that from time to time an employer will need to performance manage an employee who is experiencing a mental illness.
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Apple's Diversity Chief Is Leaving After Six Months

Apple's Vice President of Diversity and Inclusion, Denise Young Smith, is leaving the company at the end of the year. Young Smith is an Apple veteran who has been with the company since 1997, most recently serving as human resources chief before taking her diversity position in May. In October, she faced backlash for ill-advised comments on diversity at a panel alongside prominent activists DeRay Mckesson and Michael Hastings.
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Vodafone fuels new course to tackle AU's low female STEM employment rate

A recent inquiry by the House of Representatives Standing Committee on Employment, Education and Training has found that participation in STEM subjects in Australian schools is declining. Enrolment in these subjects is at its lowest level in 20 years, with particularly low levels of participation in STEM education and employment by Australian girls and women. Setting out to do something about it, Vodafone has teamed up with Australian technology educator, Coder Academy, to deliver a technology course for year 9 and 10 female students.
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29th November 2017

CU LAB: Uncovering conflicts of interest - what can you ask?

The conversations required to uncover conflicts of interest can sometimes be difficult and awkward. Hedy Cray gives some pointers in negotiating this potentially hazardous terrain.
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Employees should know their legal rights in the workplace

The recent row over a young woman who was dismissed soon after making a sexual harassment complaint to a large media firm's HR department highlights the need for everyone to know their legal rights in the workplace.
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So your company values look great on the wall? Now what?

Once you have passed the test and created the right values for your company, what do you do?
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Queensland businesses could be hit with $200 million in back-pay claims from apprentices: SMEs urged to review staff records

Small businesses are being urged to seek advice and check records of former employees after a Federal Court decision on the wages of apprentices in Queensland will mean these workers must be paid under the federal award, rather than at state-based award levels.
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As claims against Don Burke continue, here's what employers can do to stamp out sexual harassment in the workplace

The need for businesses to act swiftly on allegations of sexual harassment and discrimination - and in fact, prevent such behaviour from occurring in the first place - has once again been brought to the fore this week following serious allegations levelled at former TV presenter Don Burke.
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First aid's mental health battle is big

Ellison Bloomfield knows that immersing herself in the stories of individuals who have benefited from mental health first aid training is a gratifying way to raise awareness.
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Fresh meat: How major supermarket supplier churns migrant staff to boost profits

One of the largest meat suppliers to Woolworths, Coles and Aldi, is using hundreds of migrant workers, who are living in a network of overcrowded boarding houses in Tamworth.
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Bidder for harassment-rocked Weinstein Company pushes for women-led board

Maria Contreras-Sweet, who led the US Small Business Administration under President Barack Obama, has submitted a bid to acquire the Weinstein Co., the embattled film studio grappling with multiple allegations of sexual harassment or assault against its former co-chairman, Harvey Weinstein.
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Think robots will take your job? Here's why that won't happen

The tale of new technologies causing the death of work is the prophecy that keeps on giving.
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WA beekeeper program facing axe despite sweet success for youth unemployment

Homeless and unemployed for nearly four years, 22-year old Noongar woman Lavinia Jones was facing a downward spiral.
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Australian workers gift $130b to employers through unpaid overtime, finds report

Australian workers are donating an estimated $130 billion a year to their employers through unpaid overtime, according to a leading workplace thinktank.
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'Silent underclass' of international students, backpackers underpaid, study finds

International students, backpackers and migrants who work in hospitality, cleaning services or fruit-picking are being chronically underpaid, new research has found.
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22nd November 2017

If living company values comes easily they are the wrong values

We all know that company values are critical to any organisation committed to team alignment and engagement. They are put in place to guide internal behaviour and drive a successful culture.
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Employees behaving badly - what can you do as an employer?

What employees do in their private lives is usually not something an employer needs to worry about. But what happens when an employee's private life starts to have an impact on the workplace?
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Employer vindicated by finding that employee not pressured to resign

In a decision of Deputy President Anderson of the Fair Work Commission on 29 June 2017 in an unfair dismissal case the threshold question was whether there was jurisdiction to entertain an unfair dismissal case or whether the employee had resigned.
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When is reinstatement likely? An inmate escaped, but the correctional services officer kept his job

Although reinstatement is supposed to be the "primary remedy" in unfair dismissal cases, it happens relatively rarely, often because the employee doesn't really want to return to work for the employer, or because the relationship has broken down completely, so that putting employer and employee together again will be futile.
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Gamification: Why employers are embracing games in the workplace

Video games might once have been considered the territory of children or teenagers, but a recent study has found at least a third of us have played games in the workplace to gain knowledge.
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Why millennials are getting stuck in low-paid jobs for longer

Brendan Evans' introduction to working life will feel familiar to many. A trolley boy at 14, then a pizza boy at 16, he now works as a kitchenhand at The Dunkirk pub in the inner-Sydney suburb of Pyrmont.
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Cost cutting hurting workers, and the economy, Reserve Bank says

Relentless cost cutting by businesses has kept wage growth at record lows and stifled the economy, the Reserve Bank says.
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'Silent underclass' of international students, backpackers underpaid, study finds

International students, backpackers and migrants who work in hospitality, cleaning services or fruit-picking are being chronically underpaid, new research has found.
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Kathy Jackson faces trial over alleged $470,000 Health Services Union fraud

Former union leader and one-time whistleblower Kathy Jackson has pleaded not guilty to misappropriating more than $470,000 from the Health Services Union to pay for personal flights, hotel accommodation and other expenses, and been committed to stand trial.
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Wage theft endemic across Australia

A landmark study has found wage theft is endemic across Australia with a quarter of international students and a third of backpackers earning $12 or less per hour, around half the legal minimum wage.
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International student sacked for asking for legal hours and rates of pay

The first time international student Amy (not her real name) was sacked from a job was when she was too busy with her studies to work more than 20 hours per week as required by her boss late last year.
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Macquarie US executive seeks $53m in sexual harassment claim

Robert Ansell, head of US cash equities for Macquarie Group, left the bank weeks before a colleague alleged in a lawsuit that she was pressured into having an affair with him.
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15th November 2017

If living company values comes easily they are the wrong values

We all know that company values are critical to any organisation committed to team alignment and engagement. They are put in place to guide internal behaviour and drive a successful culture.
Read more

Employees behaving badly - what can you do as an employer?

What employees do in their private lives is usually not something an employer needs to worry about. But what happens when an employee's private life starts to have an impact on the workplace?
Read more

Employer vindicated by finding that employee not pressured to resign

In a decision of Deputy President Anderson of the Fair Work Commission on 29 June 2017 in an unfair dismissal case the threshold question was whether there was jurisdiction to entertain an unfair dismissal case or whether the employee had resigned.
Read more

When is reinstatement likely? An inmate escaped, but the correctional services officer kept his job

Although reinstatement is supposed to be the "primary remedy" in unfair dismissal cases, it happens relatively rarely, often because the employee doesn't really want to return to work for the employer, or because the relationship has broken down completely, so that putting employer and employee together again will be futile.
Read more

Gamification: Why employers are embracing games in the workplace

Video games might once have been considered the territory of children or teenagers, but a recent study has found at least a third of us have played games in the workplace to gain knowledge.
Read more

Why millennials are getting stuck in low-paid jobs for longer

Brendan Evans' introduction to working life will feel familiar to many. A trolley boy at 14, then a pizza boy at 16, he now works as a kitchenhand at The Dunkirk pub in the inner-Sydney suburb of Pyrmont.
Read more

Cost cutting hurting workers, and the economy, Reserve Bank says

Relentless cost cutting by businesses has kept wage growth at record lows and stifled the economy, the Reserve Bank says.
Read more

'Silent underclass' of international students, backpackers underpaid, study finds

International students, backpackers and migrants who work in hospitality, cleaning services or fruit-picking are being chronically underpaid, new research has found.
Read more

Kathy Jackson faces trial over alleged $470,000 Health Services Union fraud

Former union leader and one-time whistleblower Kathy Jackson has pleaded not guilty to misappropriating more than $470,000 from the Health Services Union to pay for personal flights, hotel accommodation and other expenses, and been committed to stand trial.
Read more

Wage theft endemic across Australia

A landmark study has found wage theft is endemic across Australia with a quarter of international students and a third of backpackers earning $12 or less per hour, around half the legal minimum wage.
Read more

International student sacked for asking for legal hours and rates of pay

The first time international student Amy (not her real name) was sacked from a job was when she was too busy with her studies to work more than 20 hours per week as required by her boss late last year.
Read more

Macquarie US executive seeks $53m in sexual harassment claim

Robert Ansell, head of US cash equities for Macquarie Group, left the bank weeks before a colleague alleged in a lawsuit that she was pressured into having an affair with him.
Read more

15th November 2017

Future work: why machines won't generate mass unemployment

Technological change has long been a source of anxiety for workers. Today, improvements in communications, robotics and machine intelligence are rekindling age-old concerns that technology will soon force millions of people out of work. But the doomsayers who claim machines will generate mass unemployment are misreading the signs.
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Australian companies should cultivate local tech workers not play the 457 visa game

Atlassian co-founders Scott Farquhar and Mike Cannon-Brookes have argued that Australia needs to keep schemes like the 457 visa to enable companies like theirs to bring workers from the United States because they can’t find them locally. The irony of this is that the founders were reportedly University of New South Wales dropouts. Neither finished a degree before founding a company that is today worth nearly US$12 billion (A$15.62 billion). And they achieved all of this in Australia with no previous tech experience.
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How the 'yes' vote will impact workers and HR

The conclusive “yes” outcome is great news for millions of Australians and the 841 corporations that support marriage equality. However, the struggle continues to build inclusive workplaces in which all staff feel valued and that they belong.
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Public shaming of workplace harassers may force employers to stop protecting them

Since the Harvey Weinstein scandal broke, a growing number of workplace harassment victims have decided to go public. Since this used to be pretty rare, it marks an important shift. Along with the torrent of harassment revelations through the #MeToo Twitter hashtag, employees have gone public with harassment accusations against top figures in journalism, state politics, the restaurant industry and even the labor movement.
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Why Australia shouldn’t fear a wave of trade protectionism

A rollback of free trade agreements could lead to a loss of 270,000 Australian jobs and a reduction in household incomes by around A$8,500 a year, according to a report released by the Department of Foreign Affairs and Trade (DFAT). But this is an incomplete picture of the factors that affect trade, both now and into the future.
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The changing face of trade unions

As part of a new breed of union leaders reversing the tide of declining membership, 33-year-old Natalie Lang spends more time campaigning in favour of marriage equality and paid domestic violence leave than she does on bargaining with employers on wages and conditions. As the secretary of the Australian Services Union NSW & ACT branch since 2015, Ms Lang said she has seen her membership grow 5.5 per cent in the past year – a net increase from 11,681 to 12,298 members. The union represents a broad range of industries to cover Sydney Water, airline check-in staff, IT workers, community and disability services.
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7000 school cleaners forced to reapply for their jobs

The NSW department of Finance Services and Innovation has notified United Voice, the union representing the cleaners, that employment guarantees in place since 1994 "will not be extended in the new contracts from 2018".
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A Merry Little Christmas? The holiday season and managing risk for employers

The workplace in this day and age does not necessarily comprise of the four walls of the building where staff spend their time during business hours. This is in part why the activities of staff at employer endorsed Christmas functions should be of concern to employers.
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Support persons and disciplinary meetings - employers' top questions answered

One factor the Fair Work Commission takes into account when deciding if a dismissal was unfair is whether the employer unreasonably refused to allow the former employee to have a support person present to assist at any discussions relating to dismissal. How this works in reality can be difficult for employers. This article answers the top questions we deal with in relation to the participation of support persons in important (and often stressful) employment related discussions.
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Beware of repudiating the employment contract of an employee who intends to jump ship and join your competitor

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.
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Employment Law Myth No 6: If I pay them a salary, the award does not apply

It is a common misconception that where an annual salary is paid, the award no longer applies. This is not the case.
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New WA bill proposes increase to compensation for workers' dependants

The Workers' Compensation and Injury Management Amendment Bill 2017 was recently introduced to the Legislative Assembly of Western Australian Parliament. The proposed amendments aim to improve compensation for workers' dependants under the State's scheme
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8th November2017

Robots threaten few jobs: Australian Human Resources Institute

HR is skeptical of doomsday reports over automation but they could be ceding the workplace agenda to technologists.
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There are five applicants for every entry-level job in Australia: Here’s how your SME can find the best candidate

For small businesses with limited HR departments, the sheer volume of job seekers can be intimidating when it comes to finding the right hire. Human resources experts say separating out hundreds of similar CVs to find the candidate that will be the best for match for both the employee and employer is the most time-consuming element of recruitment.
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Why Toll has been ordered to pay a worker $42,000 after he requested full-time work

The Federal Court of Australia has ordered logistics business Toll Transport to pay a worker more than $42,000 after finding the company was wrong to refuse his request for full-time employment.
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Experts Warn Amazon Will Stumble On Major Logistics And Hr Issues In Oz

Key retail-industry experts have warned that Amazon could stumble on major industrial relations, human resources, logistics and pricing issues when launching in Australia, given the significant differences in regulation compared to the United States.
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Three charts on: disability discrimination in the workplace

Only 53% of Australians with disability are employed, compared to 83% of all working-age people. Australia ranks 21st out of 29 OECD nations when it comes to employment rates for people with a disability. But looking at the data reveals an even darker story – complaints about disability discrimination are the largest category of discrimination reported to the Australian Human Rights Commission (AHRC), and the numbers have been steady for around 20 years. Lower employment levels translate into Australians with disability living in poverty at the highest rates in the OECD.
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Research shows hiring older workers is a smart move

New research shows the secret to creating an age-friendly workplace is to take age out of the equation.
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Two of my employees are in a close personal relationship. Is it any of my business?

Two recent situations which gained a lot of media attention have raised the question of whether an employer can intervene in such a relationship, or even forbid personal relationships between employees. These cases also highlight some of the employment and management risks arising from relationships between colleagues.
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Robbery, but not under arms: did the safety policy apply?

In the recent case of Mistry v Woolworths (Fair Work Commission, 2017), Mr Mistry made an unfair dismissal application when his employment was terminated, because when he was confronted by a would-be robber at a petrol station, he failed to follow a policy intended to protect the safety of employees and customers.
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Bargaining power in favour of employers – really?

According to the Shadow Minister for Workplace Relations, Brendan O’Connor, (collective) bargaining power has tilted too much in favour of employers. This would rankle many an employer who, amongst other things, would feel the intense irony of Labor asserting that its workplace law, The Fair Work Act (The Act) carries employer bias.
A key tenet of Shadow Minister O’Connor’s National Press Club speech is that employers are “gaming” the Act. He relies on the example of an employer that sought to outsource work and have the services performed by a third party. Hardly remarkable. So what might employers say about this? In what ways do unions “game” the Act? Here’s a short list. Some involve taking advantage of existing laws and are therefore legal. Some are not.
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Raft of changes to the Occupational Health & Safety Act commence in Victoria

Changes to the Occupational Health & Safety Act 2004 (Vic.) (OHS Act) recently came into effect. The amendments were introduced under the WorkSafe Legislation Amendment Act 2017, which was passed by the Victorian Parliament in September, however, most of the key changes to the OHS Act did not commence operation until recently.
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Liability for franchisors and holding companies for breaches of vulnerable workers legislation

Vulnerable Workers Legislation enforced 27 October 2017. The Federal Government's Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 has now passed Parliament. This legislation was promised by the Coalition in the 2016 election. Some of the legislation, dealing with payslips and record keeping, takes effect immediately. The maximum penalties for offences involving payslips and record keeping have doubled, to $12,600 per contravention for individuals, and $63,000 for companies. For serious contraventions (where the offender knowingly contravened the law, and the contravention was systematic), the penalties are 10 times as much.
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1st November2017

Cindy Gallop urges agency bosses to protect victims and whistleblowers

Cindy Gallop wants agency leaders and the industry to step up and provide a safety net for those that have been victims of sexual harassment in Australian agencies.
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Experts back Richard Branson’s call that telecommuting benefits everyone

Australian researchers have backed Richard Branson’s calls for more work-at-home flexibility for parents with young children, saying it would boost productivity. But bosses are not so sure.
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Women's superannuation not so super: The $120,000 gender gap

The latest breakdown of Australia's $2.3 trillion superannuation pie confirms what we have known for a long time. Men do much better out of super than women.
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Australia's 'blokey' workplaces vow to stamp out everyday sexism

Australia's 'blokey' workplaces vow to stamp out everyday sexism
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Did Westpac just mansplain gender diversity to its competitors?

Australian banking giant Westpac proudly announced a milestone in its gender equality strategy this week, with half of its 6,000 management positions now filled by women. Questions have been raised over whether the 50% women leaders is a bona fide achievement or a PR stunt.
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Census data shows just how bad we've been at closing inequality gaps

The latest round of 2016 census data shows that the gig economy has taken hold in Australia, that there has been a huge surge in fitness, beauty and barista jobs; and that even though we’re working less, women still do the most housework.
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March of the Mummies: a Halloween protest to help working mothers

Pregnant Then Screwed has organised marches across the UK to highlight the urgent need to address discrimination against women returning to work after maternity leave
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The potential cost of free labour: what makes an intern an employee?

If your business is considering taking on unpaid interns or work placement students, you can legitimately do so, but you should ensure the arrangement is structured as a vocational placement with the principal purpose of benefiting the student or worker (rather than your business).
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Five Ways Atlassian, Amazon And Rackspace Innovate In The Workplace

How can you promote a culture of innovation in your workplace? Eugenia Kolivos (Corrs IP&IT Partner) led a recent panel discussion with Dominic Price (Head of R&D and Work Futurist at Atlassian), Karl Durrance (Sales Manager at Amazon Web Services) and Angus Dorney (Senior Director & General Manager Australia and NZ at Rackspace) on what innovation means to them and how it contributes to the success of their organisations.
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25th October 2017

Farm fatality prompts warning over 'gung ho' safety attitude

A horror run of on-farm fatalities in Western Australia has prompted a warning over a lax attitude to safety in the agriculture industry.
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'Human factors' science turns to tackle improving the level of care in hospitals

It is hoped a study looking into complex human factors which can affect the medical treatment of patients will improve the provision of care in hospitals.
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Fashion retail staff spend thousands of dollars on work 'uniforms'

Every three months, Prudence Thompson would get $110 to spend on clothes at the fashion retail outlet where she worked, but she would spend double that amount to maintain her working wardrobe.
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AECOM trials 12 weeks annual leave scheme for working parents

Engineering firm AECOM will begin piloting a new program that gives employees 12 weeks annual leave, to be taken at the same time as the school holidays, so engineers with children can better manage work and family.
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Woolworths faces wave of warehouse strikes over pay and job security

Supermarket giant Woolworths faces widespread industrial strife with as many as 2000 workers to potentially go on strike in the coming weeks over pay and job security.
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7-Eleven blames franchise code for tying its hands

7-Eleven has blamed two industry codes for standing in the way of its ability to terminate agreements with franchisees that underpay workers.
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The 20 billion dollar question: mental health risks in the workplace

We know that 1 in 5 of us will suffer from a diagnosable mental illness in any one year. Of those, the three most common illnesses are anxiety disorders, depressive disorders and substance use disorders. Just under half of those diagnosed with one of these common mental illnesses in any year will have two or more disorders.
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Employment law myth no. 7: "There's no point having a restraint of trade in an employment contract"

It is a common misconception that courts don't enforce "restraints of trade" (those clauses in employment contracts preventing former employees from competing with their previous workplace, soliciting their clients and/or poaching staff).
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Tasmanian nurses fear wage rise caps will deliver lowest national pay and skills exit

Tasmanian nurses fear they will be the lowest paid in Australia if the State Government continues to cap wage rises.
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Census shows Australians working shorter weeks, but women still bear most household responsibilities

Australians are working fewer hours per week than they were in 2011, according to new 2016 Census results released today.
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Australia's employment boom bypassing entry-level job seekers, Anglicare report says

Mitchell Taylor isn't asking for the world. Just a job. Any job. Preferably something in retail.
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18th October 2017

Early bird gets the jetlag: Getting up at 7am every day can ruin your health

Waking up at 7am every day? I know what you're thinking: "Dear spoiled millennial, what's your problem? A lot of people get up much earlier than that every day and they never complain."
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How ANSTO's chief stopped women taking lower-paid jobs

Something strange was going on at the Australian Nuclear Science and Technology Organisation (ANSTO).
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Executive mentors wanted. Only millennials need apply.

Junior office workers once had a fairly predictable set of daily tasks. Write the sales memo. Build the PowerPoint. Make the coffee.
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Discrimination against older workers will cut economic growth and strain resources, institute warns

The nation is at risk of a pension crisis unless employers stop their "discrimination" against older workers, advocates for regional Australia have warned.
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It's not just Hollywood problem: 1 in 4 Australian women have been sexually harassed at work

Over the past year, I have spoken with many women who have told me their personal accounts of being harassed in the workplace.
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White men rule the business world. They still feel left out at work

More than a third of Americans in a national survey said they thought the heightened focus on diversity at work had overlooked white men, according to consultancy firm Ernst & Young.
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Harvey Weinstein case shines light on witness apathy

The allegations about Harvey Weinstein's repeated sexual assault and harassment of actresses if proved to be true warrant his condemnation and punishment.
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Amazon studio boss Roy Price resigns after harassment scandal

Roy Price resigned as the head of Amazon's movie and TV studio after a producer detailed her allegations of sexual harassment in a news report.
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NSW Police Commissioner 'turned blind eye' to allegations of homophobic bullying, tribunal told

New South Wales Police Commissioner Mick Fuller refused to investigate allegations of homophobic bullying against four gay police officers before he took the top job, a Sydney tribunal has heard.
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Women heckled, bullied in toxic culture of 'CFA boys club'

Women working in Victoria's CFA were heckled, ignored, called 'girlie' and one even contemplated suicide because of the fire agency's toxic culture of fear, bullying and sexual harassment.
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11th October 2017

Changes to workers compensation payments in NSW to hit vulnerable injured workers

The NSW government's changes to the workers compensation payments for people suffering from workplace injuries is going to leave thousands of people in dire financial difficulties.
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How employers can manage risk of sexual harassment claims

Sexual harassment claims continue to be a significant corporate governance risk for employers. Along with reputational damage, employers can be held vicariously liable for acts of sexual harassment committed by employees and be faced with having to pay substantial damages, unless employers have taken all reasonable preventative steps.
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Millennials don't have time for breakfast - so what do they have time for?

Here are four take aways a discussion on how the insurance industry can engage, attract and retain millennials.
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Fair Work Commission refers coffee franchisees to federal police over "blatantly false" EBA information

The Fair Work Commission has referred claims made by the owners of a Zarraffa's coffee franchise to the Australian Federal Police, after the full bench of the Commission this week found the franchise provided false information when it applied for an enterprise bargaining agreement (EBA) despite not yet having any employees.
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Harvey Weinstein sacked after sexual harassment claims

Harvey Weinstein, the Oscar-winning film producer accused of sexually harassing female employees, has been fired by the board of his company.
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Employer asks interviewee for Facebook page, but many see it as an invasion of privacy

If you're one of the final few in line for a job, chances are your prospective employer has already checked you out on Facebook.
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As sexual harassment scandals spook men, it can backfire for women

In Silicon Valley, some male investors have declined one-on-one meetings with women, or rescheduled them from restaurants to conference rooms.
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Australian women earn 87 cents to every man's dollar: OECD report

The median full-time working woman in Australia earns 87 cents to every man's dollar, new OECD research shows.
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More than 50 Jobs to go from BGC mine that services recently saved Whyalla steelworks

More than 50 jobs are set to go from an iron ore mine in South Australia's Middleback Ranges near Whyalla, according to the CFMEU.
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DPTI staff in South Australia resist 'intrusive' zero-tolerance alcohol and drug policy

A new zero-tolerance policy towards drugs and alcohol is being opposed by staff in a South Australian Government department amid concerns about plans for workplace testing and whether there's any legal authority behind the move.
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Federal Court upholds penalty rates cut for retail and hospitality workers

The Fair Work Commission's controversial decision to reduce Sunday and public holiday penalty rates has survived a Federal Court challenge in which unions argued the people most affected could least afford a pay cut.
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4th October 2017

What not to say on your work email

As our work and personal lives become more electronically intertwined, high-profile examples, like that of Channel 7 cadet reporter Amy Taeuber, illustrate the importance of understanding the potential impact e-communication can have on individuals and organisations.
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CSIRO staff concerned about senior management despite improvements in morale, communication

CSIRO staff have expressed concerns about the agency's senior leadership and strategic direction after years of job losses and budget cuts.
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'Macho culture' driving women away from Australian wine industry

Australia's peak wine body has warned the industry is losing talent and valuable skills because its macho culture is still driving women out.
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Decision time: Research shows negative influences carry more weight

Erring on the side of caution may seem logical, but is negativity playing an overwhelming role in your decision-making?
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The art of questioning for good

Questioning is about curiosity and taking an interest in people and the world in order to unlock the unknown mysteries that surround you. Children are naturally curious, but their avidity for information wears off once they encounter rules, blocks and disinterest.
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Beware increased government fines for privacy breaches

Companies should be aware of laws governing privacy breaches, consumer rights and the sending of emails, as the federal government has increased fines that could hit firms which even unwittingly break the law.
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5 reasons to update written contracts of employment

Case law shows that employers frequently neglect the importance of written contracts of employment. While enterprise agreements, modern awards and the National Employment Standards contained in the Fair Work Act 2009 (Cth) cover off on many statutory terms of employment, it is important to remember that these statutory benefits are usually orientated in favour of employees.
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Can I see your licence please?

On 7 September 2017, the parliament of Queensland passed the Queensland Labour Hire Licensing Bill 2017 (the Bill), which will require any person who provides labour hire services in Queensland to obtain a licence, or face significant penalties.
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Unions sign landmark submarine building agreement

Australian unions have signed a landmark agreement with Naval Group Australia to build 12 new submarines on-time and on-budget and to protect Australian workers.
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Threat of summer boycott on Paddle Pop, Golden Gaytime and Magnum

The union representing Streets ice-cream factory workers will urge the public to boycott its products including Paddle Pop, Golden Gaytime and Magnum over the summer if the company terminates their agreement on pay and conditions.
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Does Comcare allow the Commonwealth to discriminate with impunity?

Before the Safety, Rehabilitation and Compensation Act (the "Comcare Act") commenced, if a federal public servant was injured at work, they could either file a general workers' compensation claim or sue the Commonwealth in negligence. To succeed with the latter, the employee needed to establish fault on the part of the Australian Public Service, which made proceedings invariably costly and inefficient.
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27th September 2017

No women on the board? Companies warned they could face gender quotas

The Federal Government might be forced to intervene with quotas to force companies to get more women directors into boardrooms, a powerful business lobby group has warned.
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Audio recording reveals how Channel 7 cadet was dismissed soon after making harassment complaint

An extraordinary audio recording has emerged which lifts the lid on the way the Seven Network treated a young woman who made a sexual harassment complaint against an older male colleague, only to be dismissed from work soon after.
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Lawyer slams Fair Work Commission as penalty rates showdown begins in Federal Court

A union lawyer has told the Federal Court the Fair Work Commission failed to meet its legal obligations when it decided to cut Sunday and public holiday penalty rates.
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Channel 7 cadet: What are your rights if you make an HR complaint at work?

Allegations have been levelled against the Seven Network over the treatment of a 27-year-old cadet journalist in Adelaide. But, what are your legal rights if you make a complaint at work?
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Regional teachers: Could uni fee discounts and paid placements help bring new staff to the bush?

What would convince you to pack up your bags and move from the city to the bush?
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Labour hire crackdown

The focus on protecting vulnerable workers rages on. Fresh off the heels of new laws targeting franchisors and worker exploitation (see here), which came into effect last week, States are throwing their hat in the ring by taking on labour hire companies through new licensing requirements.
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New compliance obligations for employers and franchisors

The Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Act) has now come into force and increases the exposure and legal responsibilities of employers and franchisors within their franchise system.
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Take pride in your work but remember the big picture

Pride is a very natural emotion - within limits. But maybe in some organisations we don't get to experience it often enough.
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Big plans, but poor execution? How to stay on top of the promises you make

There are many reasons as to why plans may go awry, however putting in the preparatory hard yards will go some way to ensuring positive momentum and providing a buffer against unexpected events.
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Unions launch urgent bid to preserve weekend penalty rates

The living standards of low-paid workers were not taken into account by the Fair Work Commission when it decided to slash penalty rates, the hospitality workers' union has told the Federal Court.
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11 ASX 200 companies have zero women on their boards

The 40,000 directors and senior leaders who are members of the Australian Institute of Company Directors (AICD) could be put in an uncomfortable position early next year. They may be forced to accept their organisation calling for government-mandated quotas on publicly listed companies.
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Bakers Delight franchise under pressure over penalty rates, back-pay

Ava Handsley always wondered why she didn't get paid penalty rates.
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Unions to push for radical overhaul of 'joke' workplace laws to boost pay

Unions will push for a radical overhaul of Australia's workplace relations laws that would allow millions more workers to push for substantial wage increases.
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20th September 2017

Teacher awarded six-figure payout after being bullied by school principal

A NSW primary school teacher who says she attempted suicide after being bullied by her principal and isolated by her colleagues for more than a year has received a six-figure settlement from her school authority.
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Workplace Surveillance in NSW: Having a Computer Surveillance Policy is a Mandatory Requirement

There is a view in some businesses that the implementation of written workplace policies are something of a "nice to have" or an "optional extra", and are ultimately a matter of choice for the employer.
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Employment Law Myth No. 2: "You Need to Give Someone Three Warnings Before You Can Dismiss Them"

"Three strikes and you're out" may have some application to the laws of baseball, but does not generally apply in the field of employment law.
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If an employee is pregnant or on parental leave, can they still be made redundant?

Recently, the Federal Circuit Court found energy company, BOC, had unlawfully terminated the employment of a pregnant employee when they made her position redundant, two days before she was due to start parental leave.
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A new era in franchising compliance is here

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.
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Company owner defends decision to fire worker over same-sex marriage views, despite the risk to her "business and integrity"

A legal expert has warned businesses to ensure they write down and communicate social media policies, following a Canberra business operator's decision to end an employment relationship with a contractor after she posted views opposing the legalisation of same-sex marriage on Facebook.
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Male primary school teacher numbers dropping, will be 'extinct' by 2067, study finds

The number of male teachers is dropping so dramatically there will be none left in Australian primary schools within 50 years unless governments take action, researchers say.
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Working Sydney: Part-time work rising fastest, with biggest jobs growth in Western Sydney

Working helps us pay the bills, buy food, pay the mortgage and live as comfortably as we can.
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Staff at Melbourne retirement village walk out amid unpaid wage claims

Staff at a private Melbourne retirement village have walked off the job, claiming they have not been paid in months.
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Tasmania Police admits there's more to be done to encourage women into senior ranks

Tasmania's Police Commissioner acknowledges more work is needed to encourage women to reach higher ranks in the force.
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Pregnant women, mothers 'still the target of discrimination in the workplace'

It's the overheard discussion between two professional women that has heads shaking.
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13th September 2017

New laws targeting worker exploitation set to commence

All businesses should be reviewing the way they manage the risk of underpayment and worker exploitation as the Federal Government's reforms to protect vulnerable workers are about to take effect.
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Gender imbalance in top companies remains stark, women make up only 20pc of executive leadership teams

Almost a quarter of Australia's top 200 listed companies have no women in their senior executive leadership teams, raising fresh concerns about whether corporate diversity policies are addressing gender imbalance.
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Childcare workers walk off the job, call for 35pc pay rise

At least 3,000 early childhood educators have gone on strike across the country to protest over pay and conditions, calling for a wage increase of about 35 per cent.
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Gig economy workers missing out on super

Low-paid, unskilled workers who rely on the gig economy to make a living are missing out on mandatory employer superannuation, according to Australia's peak super body.
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Enforcement of Employment Standards

Recent decisions of the Employment Relations Authority (ERA) indicate that the Labour Inspectorate is cracking down on workplaces to ensure that minimum employment standards are being met. The decisions also indicate that the penalties being imposed on offending employers are increasing.
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How to work best with different generations

With such widespread ages at work, is it an insurmountable problem carving a suitable common space for everyone to communicate and to mix in well?
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Asian and Muslim women get discriminated against in Australian workplaces: report

"Why are Asian women's feet so small? So they can stand closer to the sink!" a male employee joked with his Asian colleague, then got angry when she didn't like it.
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Call for abolition of NSW exemptions for discrimination during pregnancy

A legal exemption that allows employers to refuse to hire someone who knew they were pregnant when they applied for the job is being targeted for abolition.
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ASX 200 has just 11 female CEOs, and 41 have no executive women leaders

There are just 11 female CEOs on the ASX 200, and 41 of the nation's largest companies don't have a woman on their executive leadership.
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Women outnumber men in dental professions for first time

It was a toss-up between studying medicine or dentistry, but Sabrina Manickam and Susan Wise decided that work as a dentist would give them more freedom and flexible hours.
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His kitchen, new rules: Calombaris to reimburse underpaid staff within weeks

George Calombaris' hospitality empire says it will reimburse underpaid staff within a month, following criticism of the compensation scheme which included social media attacks on the celebrity chef.
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6th September 2017

When did executive 'bonuses' become standard and not earned?

He's the man everyone loves to hate; the dart board bullseye for legions of investors, politicians, regulators and customers.
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Security vetting wait times see public servants waiting years for clearance by agency

Many public servants taking top secret positions are still facing long waits for security clearances, creating gridlock in crucial agencies and fostering widespread frustration.
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Defunct education company and owner fined $8.5m for consumer law breaches

Defunct company Get Qualified Australia has been ordered to pay $8 million after it was found to have contravened Australian Consumer Law through misleading and unconscionable conduct.
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Vulnerable workers legislation passes Senate: What your business needs to know about the tough new penalties

After fierce debate, the federal government has finally secured changes to the Fair Work Act designed to hit “dodgy bosses” harder, complete with tougher penalties and some new powers for the Fair Work Ombudsman.
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It’s time your business stopped replacing people

One of the first things that usually happens when someone resigns is the business immediately starts looking for their replacement.
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Fears some franchisors will get around new vulnerable worker laws

Lawyers fear some canny franchisors may still escape liability for the exploitation of vulnerable workers bill under new federal government legislation.
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Sydney Uni threatens to override staff union and suspend enterprise bargaining

University of Sydney vice-chancellor Michael Spence has given academic and administration staff an ultimatum to informally vote on a pay rise and work conditions management has offered but their union has rejected.
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Energy company BOC rapped for making pregnant woman redundant two days before maternity leave

Making a pregnant employee redundant has been found to be unlawful because it was done two days before she was due to start maternity leave.
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Is it time for Labor to end the hands-off approach to industrial relations?

Record low wages growth has led the ALP and unions to believe that voters are willing for governments to take a more hands-on approach than has been the case since the Keating government introduced enterprise bargaining in the early 1990s. And, somewhat ironically, the very system of enterprise bargaining looks set to become a major political battleground.
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How to answer the ‘Will you hire me?’ question

Stories of how insensible candidates torture employers are shared frequently around the internet. Seemingly, the weird behaviour of candidates at job interviews is a topic people will never grow tired of.
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$1.7 million in damages for victim of workplace bullying

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.
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Trade Unions – A highly regulated and supervised future…

Trade unions have been a central feature of Australia’s industrial, social and political framework since Federation (1901). They remain so today, despite changes in Australia’s economic and social circumstances over that 120 year period.
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30th August 2017

Employee engagement is a choice

The research on engaged employees is clear. They are happier, more productive, stay with the organisation longer and perform better across a whole host of measures.
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Why you should give walking meetings a go

How many of us use an excuse to avoid exercise or exclaim pathetically “my day is too full“? We all get the same amount of time to spend; it’s how we use that time which counts.
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One NT public servant has racked up nearly four years worth of annual leave

One public servant from the Northern Territory has racked up almost $400,000 worth of annual leave and there’s well over 2000 others with more than three months, according to an assessment by auditor-general Julie Crisp.
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Employment Law Update: Your casual employees may be entitled to ask to go fulltime!

The Fair Work Commission (FWC) has made a decision to insert a 'casual conversion' clause into 85 modern awards that do not already have such a provision.
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When does a later resignation supersede a dismissal?

A common solution when a dismissal is disputed is for the employer and an employee to reach a separation agreement. This will often see the dismissal rescinded by agreement and the employee allowed to resign with immediate effect.
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More of us could work in part-time roles if they were better designed

Lisa was a young accountant with plenty of experience, solid references and was looking for work. She approached a large accounting firm she had previously worked for in another city in the hope of working with them again. They were interested, except one thing stood in her way - she could only work part-time..
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The new way your personality could be holding you back

Companies are turning to personality profiling to find the right candidates for roles and promotions. But the use of such tests raises some important questions.
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Popular Melbourne dining districts targeted in Fair Work crackdown

The Fair Work Ombudsman has pounced on dozens of venues in some of Melbourne's most popular dining districts in the hopes of catching out dodgy businesses underpaying their workers.
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100pc fly-in, fly-out workforces banned in major Queensland mines

Major mining companies operating in Queensland have been banned from flying in 100 per cent of their workforce.
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ACTU fighting to overhaul 'unfair' rules for working carers after requests for time off knocked back

Australia's peak union group has launched a campaign to overhaul what it says are unfair rules for people caring for family members.
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Tax Office reveals size of underpayment of super for the first time

There is a $2.85 billion-a-year shortfall in what employers should be paying their employees in super.
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23rd August 2017

Reinventing human resources at the workplace

Organisations require a human resources department now more than ever.
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Reducing casual shifts results in unfair dismissal

The employee claimed she was dismissed after her shifts were unilaterally reduced following an investigation of a $100 cash discrepancy following completion of a "change box" shift.
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Regulation of sharing economy urged to prevent exploitation

Greater regulation of the short-term online jobs market is needed to prevent exploitation of vulnerable workers, leading workplace experts have warned.
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WA to get two more public holidays under union's Easter pitch to Labor

A push is underway for two more public holidays to be added to Western Australia's official calendar, with a key union claiming the state's workers are being "dudded".
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Exploitation or breaching your visa: The limited choices of the food delivery worker

Some of the most vulnerable workers in the Australian labour market are squeezed between a rock and a hard place.
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Modern slavery crackdown will force large companies to examine supply chains

The Federal Government has moved to crack down on modern slavery by forcing large businesses to lay out the steps they are taking to eradicate it.
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Dreamworld disaster leads to new industrial manslaughter laws

Forklift drivers in Queensland require more specialist training than those entrusted to operate some of the most extreme amusement rides, a review commissioned after last year's Dreamworld tragedy has found.
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Paddle Pop maker Streets accused of 'industrial blackmail' in push to cut workers' pay

Paddle Pop, Magnum and Golden Gaytime maker Streets ice cream faces accusations of using "industrial blackmail" to push through cuts to staff wages and conditions.
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Hot-desking a hot-button issue but it's not going away

There are few workplace trends more likely to set hackles rising than hot-desking.
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Unions take on All Trades Queensland over apprentice wages

Australia's largest employer of apprentices has mounted another legal challenge to keep Queensland-based trainees the lowest paid in the country.
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16th August 2017

A memo to Google – firing employees with conservative views is anti-diversity

Google’s recent sacking of James Damore for circulating a memo will do the tech giant more harm than good. Not only has the memo been incorrectly dubbed “anti-diversity”, but a majority of Google employees surveyed in a recent poll disagreed with the decision to fire Damore.
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A short history of the office

For centuries people have been getting up, joining a daily commute or retreating to a room, to work. The office has become inseparable from work.
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School cleaning contracts to be slashed in Victoria after workers routinely exploited

Victorian public school cleaning contracts are being slashed in a bid to stop staff being routinely underpaid and exploited by rogue operators.
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Australia must embrace AI revolution with automation set to affect every job, report says

Australia should double its pace of artificial intelligence and robotics automation to reap a $2.2 trillion opportunity by 2030, while also urgently preparing to support more than 3 million workers whose jobs may be at risk, according to a new report.
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Two recent decisions made by the FWC provided comments on problems employers face concerning disciplinary action against employees

Mr Solin had been employed over three years as a production technician and Chevron. Over those three years, he had an unblemished employment record. However, on the bus to work one morning, Mr Solin allegedly made comments that were derogatory towards women, and included racial slurs against Aboriginals.
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Recent unfair dismissal cases: lessons and reminders

Unfair dismissal applications are all too common and employers regularly find themselves in hot water when they are on the receiving end of one. Whilst the outcome of every unfair dismissal case tends to turn on its own individual merits, opportunities to learn and refresh one’s knowledge consistently arise – and knowledge is power when it comes to managing claims risk.
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Salary history: to ask or not to ask?

The question of salary history has long been a topic of disagreement between employers and their prospective employees. One party wants to know, while the other prefers not to tell. Both have what they consider to be valid reasons for their standpoints, and there’s little room for compromise. After all, either a number is revealed or not.
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What is ‘cyberloafing’? And are your employees guilty of it?

Sending personal emails, a bit of online shopping, checking out your friend’s holiday snaps on Facebook: if you break up your work day with online activities that aren’t work-related, you may be guilty of “cyberloafing”.
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Woolworths ordered to pay injured worker $230,000 in compensation after four-year long legal battle

Supermarket giant Woolworths has been ordered to pay a former worker $231,000 in compensation after he successfully appealed a court decision related to a shoulder injury he says was sustained while working at the retailer’s Queensland distribution centre.
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Seven optimum conditions for happiness at work

What are the optimum conditions and indicators of genuine contentment in a workplace?
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Business groups slam planned changes to citizenship

The federal government's plans to tighten requirements to become an Australian citizen have been slammed by business groups who say their members are worried migrant workers awaiting permanent residency may leave Australia, rather than wait for citizenship.
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Pizza Hut slammed by Fair Work Ombudsman as $20,000 underpayment in Newcastle is revealed

A NSW Pizza Hut franchisee has been ordered to pay its workers almost $20,000 in underpaid wages, as the company faces further criticism from the Fair Work Ombudsman.
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9th August 2017

Mining industry push for individual work agreements

Typical mining industry workers would be able to opt out of union-bargained agreements and instead negotiate individual contracts under a new push from the mining industry.
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“Ice-breakers” with fluffy toys are a staff bonding no-no. Here’s what to do instead

A recent story about ABC management requesting staff to engage in ice-breaking activities with fluffy toys generated public derision and made me think about the comedy training videos videos I’ve made showing how crazy some managers can be. Despite the element of fun, companies and government organisations can’t rely on bonding games to make a difference to workplace relationships and productivity.
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Gender quotas can work but it depends on how employees feel about them

If you think your boss is in her position only because of a gender quota and not because of merit, it could affect the work you do for her.
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Lack of sleep is costing the economy more than $66 billion

James Young is among four in 10 Australians who go to work each day without getting enough sleep.
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Workplace Relationships … Does your business need a Disclosure Policy?

The two recent resignations by male AFL executives who had affairs with lower ranked female employees has highlighted a complex yet growing issue for businesses in Australia and around the world.
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Company Confidential: When are employee documents not privileged against their employer?

This week’s TGIF considers what the UK decision of Simpkin v The Berkeley Group Holdings PLC [2017] EWHC 1472 means for insolvency practitioners seeking to access potentially privileged documents created by employees of appointee companies
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ALP plan to name and shame businesses that rip off workers

NSW businesses would have to display minimum wage rates and faced being named and shamed if they underpaid workers under NSW Labor Party policy.
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Facebook liking anti-government posts banned under new public service policy

Checking Facebook and liking a post critical of the Government could be enough to see public servants facing disciplinary action, under new guidelines that also say employees may be held accountable for comments other people make on their Facebook pages.
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Jobseekers increasingly 'trapped' in cycle of casual employment, labour expert says

Employers are increasingly discriminating against job applicants with a history of fixed-term or casual employment by denying permanent roles, one expert says.
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Pay rise not likely anytime soon with wage growth at record lows

Are you happy with your pay packet? Chances are you're not. I mean, who is? Unless you're earning more money than you know what to do with.
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2nd August 2017

Where the boundaries lie in workplace relationships

The fact is that romance will kindle at work, but there are things employers and employees can and should do to manage these situations.
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Contractor or deemed worker?

There is a common misconception that just because someone has an ABN and is paid via their ABN, it automatically means that person is a contractor. Determining the true nature of the relationship between an employer and a hired person needs to be examined in its entirety.
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Court finds employee dismissed because of pregnancy

The employee commenced employment on 7 December 2015 as an administrative assistant with a commercial property real estate agency. In late January 2016 she learnt that she was pregnant. She informed a senior officer of the employer of the pregnancy in early March. On 3 June 2016, the last working day before her probation period expired, she was dismissed.
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Workers' Compensation - Court holds that straight forward light manual task requires prior instructions

The recent Supreme Court decision found that an employer was liable for failing to train and instruct a worker how to lift a wheelie walker from the boot of a vehicle.
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Thinking of Downsizing your Workforce?

Make sure you get the Consultation Process Right — Or the “Redundancies” could turn out to be Unfair Dismissals
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Paramedics seeking burden of proof changes to PTSD compo laws share tales of job stress

Tasmanian paramedics are sharing harrowing tales of life on the job as part of a push for changes to workers' compensation laws.
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What Elon Musk, Richard Branson and 8 other successful people ask job candidates

Many of the most successful people have got job interviews down to a science. They're not in the habit of wasting time with dumb or irrelevant queries. In fact, they often have one favourite go-to question they like to ask. This typically reveals everything they need to know about a job candidate. Check out the questions 10 business leaders love to ask candidates:
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Tony Robbins explains what anyone can do every day, month and year to be more successful

Performance coach Tony Robbins has seven clients he works with on an individual basis, and each pay him $US1 million annually. There are some aspects of Robbins' method for personal development, however, that don't require hours of discussions and introspection, and they don't cost anything, either.
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Wage inspectors and licensing for labour hire companies

Workplace inspectors would get new powers to raid workplaces to check people were not being underpaid and labour hire companies would need to comply with new licensing agreements under a NSW Labor crackdown on wage theft.
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Australia's gender pay gap to last another 50 years

The entrenched gender pay gap is expected to remain in Australian workplaces until at least 2067, a federal government agency has told Parliament.
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Why employers should address loneliness in the workplace

Before her tragic death in June 2016, British MP Jo Cox spent a year gathering detailed evidence about the causes of social isolation for a major commission into loneliness, which colleagues have now launched in her memory. Among the findings is research showing that although one-fifth of the population say they are always or often lonely, two-thirds feel uncomfortable admitting it
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26th July 2017

CFMEU rep apologises to court for contempt over AGL search warrant

A former mining union official allegedly involved with the January shutdown of Victoria's biggest power plant has unreservedly apologised to the court.
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Casual Employment Arrangements Due For A Check-up Following Fair Work Commission’s Review Of Modern Awards

If you are an employer, the recent decision of the Fair Work Commission (Commission) is likely to affect the way that you manage your staff.
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Why Envato is sharing its millions in profit with employees and suggesting they buy alpacas with the dividends

Australian design and e-commerce startup Envato’s profits have become so significant the business has decided it has more than it needs to keep growing, and some of that windfall should be shared with its staff.
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Brisbane bus strike raises safety concerns for 23,000 school children on Friday

There are concerns for the safety of 23,000 school children as Brisbane bus drivers prepare to take strike action on Friday afternoon.
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Breach of JK Rowling book embargo led to unfair sacking of courier depot manager

The depot manager at an Australian courier company was unfairly sacked after he was accused of being responsible for the breach of a worldwide embargo on the J.K. Rowling book Fantastic Beasts and Where to Find Them, the Fair Work Commission has found.
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Why you eat like your colleagues

They say your friends can make you fat, but your colleagues could be the real culprits.
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BOM strike: Bureau of Meteorology staff to take industrial action for next three weeks

Staff at the Australian Bureau of Meteorology (BOM) are going on strike for three weeks, after being locked in an ongoing dispute over pay and conditions for three years.
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Three Square Market offers to implant RFID chips in its employees

Would you ask an employee to get a chip implanted in her hand? Sounds invasive and intrusive. But come August 1, one company in Wisconsin will be giving it a try.
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Former 7-Eleven operator penalised $168,000 for underpaying workers after judge finds “deliberate disregard” for correct entitlements

A former 7-Eleven store operator has been penalised $168,000 as a result of legal action by the Fair Work Ombudsman, with the Federal Circuit Court judge slamming the operator’s actions as involving a “deliberate disregard of the employees’ workplace entitlements”.
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Despite all the perks tech companies offer their people, there's one crucial area they fall short

Tech companies are famous for their stellar perks. But, according to a recent study from ratings platform ViewsHub, they’re lacking something far more important than foosball tables, bean bag chairs, or having rosé on tap.
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Opinion: HR on the edge of a cliff

Sylvia Vorhauser-Smith outlines how HR will be at the heart of business disruption – but it must first reinvent itself
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19th July 2017

How 88 days can turn into a nightmare of debt and despair for backpackers

It's been raining overnight and farms are ringing the backpacker working hostel to cancel the buses.
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Amber Harrison says Seven case a 'wake-up call' for women experiencing workplace bullying, discrimination

Amber Harrison has slammed "the boys club" in corporate Australia after losing an ugly court battle with the Seven Network and being ordered to pay the media giant's legal bills.
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Chinese, Korean and Spanish websites advertise illegal pay rates as little as $4.20 an hour

Four out of five businesses advertising Australian jobs on Chinese, Korean and Spanish language websites are offering illegal pay rates as low as $4.20 per hour, a new audit has found.
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Brisbane bus strike: Thousands of commuters warned to expect delays during two-day action

Up to 35,000 early-morning commuters in Brisbane are being told to expect major delays due to a bus driver strike over the next two days.
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Religion is the new frontier in workplace discrimination

David Brent, the antihero of the classic British satire The Office, had a crude line in jokes about race, disability, sex and sexuality.
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Majority of foreign workers paid below national award rates, Unions NSW says

The peak union body in New South Wales says migrant workers are being paid far below national standards through job listings in foreign language publications and urgent action is needed to stop it.
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Employment of older workers improves, but Australia still lags behind New Zealand

As a sixty-six-year-old with senior industry qualifications, Alister Robertson has met some employers who have not wanted to hire someone his age, despite his experience.
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JB Hi-Fi commits to maintaining penalty rates for workers, but is it “all politics”?

Electronics retailer JB Hi-Fi has joined the growing ranks of Australian retailers choosing not to pass on lowered Sunday penalty rates decided by the Fair Work Commission earlier this year.
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Casual Conversion – What does it mean?

A full bench of the Fair Work Commission has made orders opening the door for “casual conversion” clauses to be inserted into 85 Modern Awards which do not currently have a similar provision.
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Employer's obligations on snow days

With the arrival of snow in the South Island this morning, questions are already being asked about what employer’s obligations are when snow days occur.
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Darling Harbour restaurant ordered to pay $15,000 for unfair dismissal

Darling Harbour restaurant Baia The Italian has been ordered to pay $15,000 in compensation for the unfair dismissal of an employee who complained about being allegedly underpaid.
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Dainty Sichuan alleged to have paid workers $10 an hour for seven-day weeks, 10-hour plus days

Popular Melbourne restaurant Dainty Sichuan allegedly paid employees $10 an hour while they worked 10 hour-plus shifts, seven days a week.
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12th July 2017

TripAdvisor teams up with Deliveroo, while Fair Work investigation into gig economy continues

One of the world's largest travel websites, TripAdvisor, has partnered with Deliveroo in a deal which spans several countries including Australia.
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When the boss wants you to do something unethical

Maybe you're asked to mislead a customer. Maybe you're told to lie to a client, or take a shortcut you know would produce an inferior product.
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Former UniLodge caretakers claim $700,000 in unpaid wages

A married couple who were on call overnight as residential caretakers at a UniLodge student accommodation block of units allegedly received just $108 in net pay for a year's work after "free" rent was deducted from their combined salary.
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Lawyers look to expand Airservices Australia class action

A looming court battle involving Airservices Australia is set to expand to cover allegations of "sham contracting" and the use of outlawed "zombie agreements".
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'A ball of tears': Ciara Burke was fired by Emirates after falling down stairs

After months of hard work, she was scheduled to finish her final assessments at the Emirates training college in Dubai. Within days she expected to graduate as a fully-fledged flight attendant. That didn't happen. Instead, the 23-year-old from Perth fell down a flight of stairs at the training facility in her uniform's red heels.
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Minimum wage push for gig economy workers

A government review of the rapidly changing world of work is to demand a radical overhaul of employment law and new guarantees on the minimum wage.
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Rise of the machines: What jobs will survive as robots move into the workplace?

The invasion of robots into factories and offices has long been seen as final blow for workforces ravaged by cheap offshore labour and the never ending quest to cut costs.
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Casual workers win right to request permanent employment after 12 months under Fair Work ruling

Casual workers have won the right to request permanent employment if they work regular hours over a year, under a ruling by the industrial umpire.
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TAFE SA manager jailed for stealing $150,000

A former TAFE SA manager who stole more than $150,000 from her employer has been jailed for at least 18 months.
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Security firm accused of saying staff would be sent “straight to the dole queue” if they spoke to Fair Work inspectors

A Gold Coast security firm will face the Federal Circuit Court over claims the business took adverse action against three employees and underpaid staff $16,000, in a series of alleged actions ombudsman Natalie James has called “completely unacceptable”.
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How the wellbeing agenda is reshaping HR roles

http://www.thefifthestate.com.au/jobs-news/market-pulse-how-the-wellbeing-agenda-is-reshaping-hr-roles/93387
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5th July 2017

Workplace law breaches: Third party business advisors beware

HR advisors, accountants and payroll providers take note - you may be personally liable for breaches of the Fair Work act
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Silence not necessarily golden

The common law privilege against self-incrimination is a well-established legal principle, long recognised by Australian courts as an essential protection.
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The 1 July changes that will impact your business

The new financial year is just a few days away and whilst this is usually an extremely busy time of the year for most businesses, it’s also prime time for employers to review their employment framework, including the impact of increases to the minimum wage and high-income threshold, changes made to modern awards and new workplace laws that might affect your business.
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The office narcissist: how to spot (and deal with) them

The person whose self-belief exceeds their abilities, who rides roughshod over your considered opinions and practices, who's basically very focused on themselves.
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Domestic violence leave: Fair Work Commission's rejection of bid still a positive first step, says ACTU's Ged Kearney

The Fair Work Commission's rejection of a bid to make domestic violence leave a minimum standard for all workers is a move in the right direction, according to the country's top union boss.
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DPM&C study finds public servants more likely to hire women

Years of public service gender diversity efforts may have succeeded in making bureaucrats more likely to hire women then men, a new study by the Prime Minister's "nudge unit" suggests.
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Men join corporate boards with less experience than women do

More than three out of four new male company directors are rookies, appointed with no prior corporate board experience, according to a new study of the world's biggest publicly traded companies.
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Horticulture industry pushes to change pay rates for workers outside the 'farm gate'

Australia's biggest potato grower is leading a national push to pay employees like Kay Rault who work in packing and storage sheds located off farm sites the same rates as lower-paid farm workers.
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How to play defence in office politics and keep your integrity

Whether you're a team member or a manager, the modern workforce requires a great deal of teamwork and collaboration. Even if you mostly work autonomously, it's prudent to have some good will in the bank.
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Bill Shorten's penalty rate play could bring "chaos"

Reversal of the Fair Work Commission's decision to reduce Sunday penalty rates in industries including the hospitality and retail sectors could lead to industrial "chaos" and reduce wages to a political "plaything" experts warn.
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Fair Work Ombudsman takes aim at advice firm over claims of misleading employer clients

The Fair Work Ombudsman has taken aim at a workplace advice firm, alleging customers have complained about being misled into believing it was associated with the ombudsman’s office.
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Should you do away with the annual performance review?

For many employees the end of the financial year signals performance review time. The dreaded time of the year when they sit down with their supervisor and receive feedback on their performance over the previous 12 months.
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28th June 2017

Women are twice as likely than men to lose their jobs to robots

As automation threatens the existence of millions of jobs across the US, not every American is equally at risk of being replaced by a robot. Twice as many women than men are likely to lose their jobs as automation replaces human labour, according to a recent report by the Institute for Spatial Economic Analysis (ISEA).
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Firers and hirers: Australia's fastest growing jobs

Australia is shedding jobs for retailers and farmers by the tens of thousands as we become a country of carers and builders. That's the verdict from the Australian Bureau of Statistics which released its detailed labour force data on Thursday..
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Victorian training company pocketed millions using dodgy contracts, court told

A company contracted to run engineering training programs through some of the state's TAFEs pocketed almost $2 million of public money through dodgy contracts, a hearing was told.
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Unpaid internships: Millennials speak out as expert warns of legal risks

Unpaid internships are increasingly becoming the default way of beginning a professional career in Australia.
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Last-ditch bid to save Sunday penalty rates in retail, fast food, hospitality

Controversial cuts to Sunday penalty rates for hundreds of thousands of workers are facing a last-minute legal challenge, with unions seeking urgent hearings to stop them taking effect next weekend.
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'Merry go round' of unpaid interns provide accounting and finance services

A constant flow of unpaid interns provide free accounting and finance work for businesses, raising questions about whether Fair Work laws need to be tightened.
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'When we come after you, you'd better be careful': Union threatens ABCC inspectors at Melbourne rally

Victorian construction union leader John Setka has threatened to hunt down and "expose" Australian Building and Construction Commission inspectors, warning: "When we come after you, you'd better be careful."
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Victorian SES staff were underpaid by more than $220,000 over eight years, review finds

Dozens of Victorian State Emergency Service staff have been underpaid by a total of more than $220,000 over eight years, but will be compensated with interest, the organisation says.
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Harnessing Human Resources

The nation's youth are being talked about in circles of both the informed and the uninformed with diverse outlook and understanding.
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Why smart employees don’t have lunch at their desk

After a grueling morning, the lunch break is an important period for employees to re-charge and relax. While most employees prefer going out for lunch to stretch their legs after hours of sitting, there are those who prefer the peacefulness and comfort of a deserted office.
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Can human resources work be automated?

Can computers really do human resources functions like recruiting, retention and worker evaluations?
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New commissioner will have his eye on "bad to the bone" conduct

Like a theme song for his new commission to catch unions and employer groups involved in corruption, Mark Bielecki's mobile phone went off to the guitar strums of George Thoroughgood's Bad to the Bone.
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21st June 2017

This South Korean start-up is only hiring people over 55

Channel NewsAsia reports the founder of content monitoring company EverYoung established the rule to prove the futility of age discrimination – a phenomenon that’s reportedly prevalent in modern Korean corporate culture.
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Perth Mint staff may be forced to wear work-issued bras to improve security

The Perth Mint is considering a ban on all clothing containing metal, including underwire bras, in a bid to boost security.
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When to take a mental health day

Mental health issues are one of the most common forms of illness in Australia with 3 million of us currently living with anxiety or depression alone. But it's not just our personal lives that are affected by mental health. It's our work and careers, too. A recent report conducted by Beyond Blue showed that one in every five Australians took time off in the last 12 months due to mental health issues.
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Melbourne HR software startup raises $US20 million funding

Australian human resources tech company Culture Amp announced that it has secured $US20 million in new capital from the US.
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Union power makes its mark with domestic violence leave

WA’s biggest employer granted all of its employees a new paid leave entitlement, claimable up to 10 days per year. It wasn’t an entitlement won after extensive negotiation, nor traded off for other pay and conditions. It was simply ordered by the Premier...
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“At 36 weeks pregnant, I started a new job”: Why an inclusive mindset is everything at work

In February, I accepted a new job in the Victorian Government sector while 34 weeks pregnant. I started the new job while at 36 weeks. I spent two weeks in my new role before going on maternity leave. Crazy — you might say — both the employer and me! However, this is an example of how an open and inclusive mindset led to a successful outcome for everyone involved.
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Working from home lifts employee productivity

More businesses are allowing staff to work from home, with studies showing it increases employee productivity. Telsyte research shows 84 per cent of Australian organisations have systems permitting their employees to work remotely.
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How artificial intelligence will affect your job

The same technology that enables a navigation app to find the most efficient route to your destination or lets an online store recommend products based on past purchases is on the verge of transforming the office — promising to remake how we look for job candidates, get the most out of workers and keep our best workers on the job.
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Employers urged to follow Bunnings’ lead and hire older workers

As outrage builds over a proposal to force Australians to work until 70, experts are urging businesses to follow the example of hardware giant Bunnings and unleash the untapped labour of older workers.
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35 things you should remove from your résumé before it ends up in the 'no' pile

Hiring managers rarely have the time or resources to look at each résumé closely. They typically spend about six seconds on their initial "fit/no fit" decision. If you want to pass that test, you need to have some solid qualifications – and the perfect résumé to highlight them.
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This CEO meets every interviewee and these are his top hiring tips

Luis von Ahn, CEO and founder of language learning app Duolingo, meets with every single person interviewing at his company. He says "The best hiring advice that I've ever got is: 'When in doubt, don't hire,'".
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Yoga and free fruit won't solve the scourge of workplace stress

National Mental Health Commissioner Lucinda Brogden says employers have a legal responsibility to provide a workplace that is both physically and psychologically safe. But, she says, too many employers offer "positive extras" and shirk the hard stuff. "We try to jump to the positive – introducing the yoga, the fruit bowl, the staff party – but you have to work on reducing the negative before you can introduce the positive," Brogden told a banking and finance ethics conference in Sydney last week.
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14th June 2017

Australian workers getting a record low share of GDP: report

The share of Australian gross domestic product going into workers' pockets has hit a record low, according to a new report.
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7-Eleven compensation bill climbs over $110 million

Compensation paid out to underpaid 7-Eleven workers has tipped over $110 million, fuelling criticism of failures in Australia's employment law system to keep wage theft in check.
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Retail giant Aldi faces claims of wage theft and breaking the law

When Nichole McLaughlin asks her partner Paul Joyner what time he will be home from work, he often cannot answer. With no finish time on his roster, Mr Joyner - a permanent part-time worker, not a casual - does not know what time he will leave work at Aldi's Stapylton distribution centre.
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No flies on Australia’s richest union

Imagine a company that received millions of dollars in government grants each year, paid no tax as it held charitable status, owned recruitment agencies and also owned a law firm that fought against penalty rates for young workers and workplace leave for victims of domestic violence. There is such a company.
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Labor signals plan to beef up union power to help boost wage growth

Labor has signalled it plans to strengthen the bargaining power of workers and unions in an attempt to revitalise stagnant wages. The party’s deputy leader, Tanya Plibersek, says there is a clear link between declining union membership, the lowering of workers’ bargaining power, and today’s low wage growth, and the link between labour productivity and wages must be restored “at the very least”.
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Workplace death compensation plan for WA

The lump sum compensation paid to dependents of people who die in workplace accidents will increase from about $304,000 to more than $554,000 under a proposal by the West Australian government. Read more at http://www.9news.com.au/national/2017/06/12/10/10/workplace-death-compensation-plan-for-wa#hYBuyb66COYgx0RZ.99
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The Fair Work Commission Decision to Phase in Changes to Penalty Rates – Key Dates

An explanation of how the FWC has determined to phase in the reductions to Sunday penalty rates over four years.
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Anti-social media: 4 ways to manage social media and cyber-bullying in the workplace

Whilst technology and social media have unquestionably provided many benefits to the modern workplace and opportunities for businesses to reach a wider audience, they have also presented dilemmas for HR managers and business owners when dealing with interactions between employees.
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Working mums juggling career and kids feel 'mother's guilt', researcher says

Dr Judy Rose, whose recently published paper — Never enough hours in the day: Employed mothers' perceptions of time pressure — explores the concept of mother's guilt and how the stress of juggling work and family can not only have negative mental and physical effects but "actually changes women's perceptions of time".
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Telstra confirms 1,400 jobs to go in Australia

Telstra's decision to slash jobs may be because "for the last few years, growth has been very slow in the telecommunications industry," according to telecommunications analyst Paul Budde. The most at-risk jobs would be in administration, customer service and network operations as they are easily automated by improvements in technology, he explained.
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Employer justified in dismissing employee for offensive and damaging email

In a recent case where an employee sent an offensive and damaging email about the employer’s clients, the Fair Work Commission (FWC) has ruled in favour of the employer and affirmed the employer’s decisions to terminate the employee’s employment. This case serves as a solid reminder to employers to have stringent email and IT policies, and make employees aware of the standards of conduct that are expected of them.
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Class Action Suits On The Horizon? Burnout?

A recent Wall Street Journal article, 'Law Firms Tackle a Taboo', revealed that some major law firms don’t know what they don’t know. The article focused on mental health; specifically stress, burnout, depression, anxiety, and suicide with a focus on what some law firms are doing about it and what others refuse to do.
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Research shows if you improve the air quality at work, you improve productivity

Corporate wellness programs focus on biometric screening, diet and exercise programs to improve health and productivity. However, new research has shown the quality of the office environment itself can have significant negative effects on thinking, health and productivity.
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These are the characteristics of people most likely to cut corners at work

A study found that employees who “cut corners” tend to be morally compromised, low in conscientiousness, self-focused and impulsive. This in addition to the potential for corner-cutting to increase risks.
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Byron Bay Superfoods' pursuit of sacked worker 'vindictive': Fair Work Commission

When Nathaniel Garang produced a medical certificate after he had gastroenteritis, his boss at a health food factory said his time off work was "unacceptable" and would be taken out of his annual leave. His manager threatened to never recommend him "as an honourable person/employee, due to your recent dishonest behaviour".
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Unsustainable labour challenges leave Australia's vegetable supplies to rot

A quarter of Australia's vegetable growers are forced to abandon valuable produce which is left to rot because they can't find enough workers to pick and pack it, a new report has found.
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Australians aren't being paid for their productivity. Get set for an industrial relations war

The issue of industrial relations has for the most part been on the backburner in the past few election campaigns, but slow wages growth and a lack of increased income off the back of productivity growth might be enough to shake things up.
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This is exactly what you should do if you want a pay rise

At some point in your career, you’ll probably start to feel like you should be earning more money. While some people may opt to change jobs when this happens, for others who are quite happy where they are, it could be time to considering asking for a pay rise.
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States urged to introduce legislation to curb wage theft

States have been urged to introduce new laws against wage theft in the wake of rampant underpayment of workers at widespread wage theft by cafes, restaurants in university towns and retail chains including 7-Eleven, Pizza Hut, Dominos, Caltex and Bakers Delight.
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Enterprise agreement drafting: the value of getting it right - and the way to do it

In the 1983 hit "Words", singer F.R. David famously sang "Words don't come easy to me". While that lament was in the context of expressing love, the same problem can sometimes afflict those who draft enterprise agreements.
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New labour hire licensing laws in Queensland will affect providers AND their clients

A new mandatory labour hire licensing scheme will soon apply to all labour hire providers operating in Queensland - and it will also ban businesses from entering into labour hire arrangements with unlicensed providers.
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Fair Work Commission suspends investigation and disciplinary process to hear bullying claim

In the recent decision of Lynette Bayly [2017] FWC 1886, the Fair Work Commission (FWC) issued interim orders preventing the employer from finalising a workplace investigation or imposing any disciplinary action until the employee’s workplace bullying application is heard.
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Why Swedish workplaces aren't as equal as you think

Sweden may have a global reputation as one of world's most gender equal societies but when it comes to female representation in business, campaigners question whether the Nordic nation is right to keep basking in the spotlight, as progress slows down back home.
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Fox News fires Bob Beckel for 'making an insensitive remark' to black employee

Fox News on Friday announced that it had fired "The Five" co-host Bob Beckel for a remark he made to an employee of color.
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WA pay freeze: Some public servants to escape $1,000 wage hike limit

Some of the state's highest paid workers will escape the WA government's $1,000 limit on pay rises until late 2019, with doctors set to enjoy increases almost six times that amount.
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Sydney bus strike brings chaos for parents, students and peak hour commuters

Sydney commuters and motorists face more peak hour chaos, as bus drivers continue their strike against the New South Wales Government's plans to privatise services in Sydney's inner-west.
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Unemployment drops to 5.7pc with about 37,000 jobs created

Australia's unemployment rate dropped to 5.7 per cent in April due to the creation of more than 37,000 jobs, although they were all part-time.
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Lorna Jane employee suing over alleged fat shaming had history of psychiatric issues, court told

A woman suing Lorna Jane over allegations of fat shaming had a lengthy history of psychiatric issues before she started working for the activewear company, a court has heard.
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Human Resources Isn’t About Humans

HR was never meant for you. That’s why it doesn’t work.
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The 10 habits of bad bosses

Working with a bad manager seems to be something almost every worker has to deal with at some point in their career. Bosses with acid tongues are highly unpopular among employees, and they are only the tip of the iceberg of bad bosses and their vicious behaviour toward employees
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The Intersection Of Artificial Intelligence And Human Resources

In the workplace, artificial intelligence is evolving into an intelligent assistant to help us work smarter. Artificial intelligence is not the future of the workplace, it is the present and happening today.
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States urged to introduce legislation to curb wage theft

States have been urged to introduce new laws against wage theft in the wake of rampant underpayment of workers at widespread wage theft by cafes, restaurants in university towns and retail chains including 7-Eleven, Pizza Hut, Dominos, Caltex and Bakers Delight.
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17 May 2017

Sacked for not wearing pants. What is the world coming to?

It’s that age old story we’ve heard a thousand times. Company (allegedly) fails to provide a promised laundry service. Workers protest by not wearing pants. Pantsless worker gets the sack.
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McDonald’s trials recruitment via Snapchat, but could social media job applications present big risks?

Could photo-sharing application Snapchat uncover your next star employee? Fast-food giant McDonald’s thinks it could, and is hoping to attract a talented millennial workforce by introducing Snapchat-based job applications.
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Law changes needed to fix ‘illogical’ unfair dismissal decisions, says former Fair Work vice-president Graeme Watson

A former vice-president of the Fair Work Commission says legislative reform is the only answer for protecting employers against unfair dismissal decisions that defy “logic”.
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Defamation, privacy breaches and misrepresentation claims: the perils of giving job references

You apply for a job you really want, but don’t get it. Later you find out that the person you nominated to act as a referee gave you a bad reference, and that was the reason you missed out on the job.
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What the 'typical' Australian worker doesn't tell us about modern work

The "typical" Australian works full-time and has been in the same job for three to five years, Australian Bureau of Statistics data shows.
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Brisbane shelf-stacker secures key win against might of Coles, SDA

A Brisbane night-fill worker has won an important legal battle in a massive underpayment case against the combined might of Coles and one of the largest trade unions in Australia.
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Union boss wants underpaying employers jailed for 'wage theft'

Bosses who underpay workers would be sent to jail under a plan floated by senior union leader Tony Sheldon.
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Coates Hire workers in danger of 'devastating' pay cut.

Hundreds of workers at Australia's largest equipment-hire business face a pay cut of up to 40 per cent unless they agree to let the company slash new employees' wages and conditions.
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United Voice faces legal action over penalty rate protest

One of the state’s most powerful left-wing unions is being threatened with legal action for allegedly breaking the Liquor and Fair Work Acts.
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KFC fined more than $100,000 after teen falls into vat of hot oil

Fast-food chain KFC has been fined more than $100,000 two years after a 16-year-old worker tripped and fell into a vat of hot cooking oil, suffering third-degree burns.
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10 May 2017

Computer glitch hits super payments of thousands of public servants

Computer glitches are being blamed for the failure to pay millions of dollars into retirement savings of thousands of public servants at several large federal departments in recent months.
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Domino's cops landmark fine for breaching franchise code

Domino's Pizza has been hit with a landmark fine for failing to comply with the rules governing franchise chains.
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Crisis averted: Loy Yang power plant workers ordered to call off strike

Industrial action at one of Victoria's largest power plants won't go ahead after the state government stepped in to stop the strike.
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Victorian state schools cleaners being underpaid, denied basic entitlements, union says

Cleaners working at Victorian state schools are being underpaid and denied basic entitlements in an industry where "fear and intimidation is endemic", according to a union investigation.
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Jane Holden: Former CEO of Hobart hospital loses wrongful dismissal case against Government

A former Tasmanian health boss has lost her wrongful dismissal case against the Tasmanian Government and may be forced to pay court costs.
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People who can't stop: Meet some of the world's oldest workers

As Prince Philip, who turns 96 in June, is to retire from royal duties later this year, we look at some of those people who enjoy their work so much they have decided to carry on - well, most of them a bit longer than the Duke of Edinburgh.
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The very possible path to a 30-hour working week

This year, May Day fell after a run of three consecutive four-day working weeks. If you're lucky enough to live in Queensland, then the Labour Day public holiday was be the culmination of a month of shorter working weeks.
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Unions call for ACT to follow Queensland on stricter regulation of labour hire firms

As the Queensland government introduces a licensing scheme to weed out rogue operators, UnionsACT secretary Alex White said the ACT government did not not have sufficient safeguards to protect workers from "unscrupulous" labour hire companies despite shifting to a centralised contractor management system recently.
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Restraint Of Trade Clauses: Lessons For Employers

Employers who want to protect their legitimate business interests in preventing former staff poaching their clients and staff have important lessons to learn.
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3 May 2017

Microsoft extends paid parental leave to 20 weeks and sets new benchmark

Computer software giant Microsoft will set new standards by extending paid maternity leave to 20 weeks and providing four weeks of paid leave for employees to care for a seriously ill family member.
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Tougher fines needed to stop records of underpayment being hidden

Fines for shoddy bookkeeping are too low to deter businesses from underpaying workers and is helping them avoid prosecution.
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Investigating bullying or bullying by investigation?

Recent legal cases explore an employer's duties to the accused during a workplace investigation.
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Airtasker agrees to minimum working conditions for 'gig economy' contractors

Airtasker, the online facilitator of odd jobs, has agreed to minimum working conditions for its service providers in what is being described as a world first in the so-called gig economy.
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HSU accuses Guardian Property Services of exploiting its aged care facility cleaners

A cleaning company that provides services to aged care facilities like Anglicare has been accused of underpaying and exploiting its staff by the Health Services Union (HSU).
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Anti bullying order used to stop employer from finalising a misconduct investigation and taking disciplinary action

The FWC can make binding orders when it is satisfied that a worker has been bullied at work and there is a risk that the bullying will continue.
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Adriano Zumbo accused of staff underpayments … Victoria to launch traineeship taskforce … New underquoting laws now in action

Pastry king Adriano Zumbo is the latest celebrity chef to face claims that employees have been underpaid, with Zumbo Pattiserie staff members complaining in an A Current Affair story aired last night that they had not been paid their superannuation entitlements, and had been paid incorrectly or not on time on a number of occasions.
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Budget 2017: Malcolm Turnbull announces schools funding and a new Gonski review

The Turnbull government is seeking to seize the political initiative on schools, with a substantial funding injection and the appointment of David Gonski — who delivered the 2011 landmark schools report — to chair a “Gonski 2.0” review on how to improve the results of Australian students. The Conversation
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Accounting firm found liable for client’s employee underpayment in precedent-setting decision

In what could be a precedent-setting legal decision, the Federal Circuit Court has found an accounting business to be liable for contraventions in the Fair Work Act when it provided payroll services to a client, which was found to be underpaying staff.
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26 April 2017


Degrees of separation: companies shed degree requirements to promote merit over qualifications

That some companies are relaxing degree requirements raises new questions about the value of a university education. The question is whether these few companies are outliers or the forerunners of a new trend of preferencing merit over qualifications. If the trend does persist, then the job market of the future may have as little barriers to entry as the job market of the 1970s.

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Unions vow to take on Amazon as its harsh reputation precedes it

Around the world, Amazon is famous for its low prices, fast delivery, ruthless efficiency and antipathy towards unions that say it treats workers like robots.

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AOC's Mike Tancred steps down amid bullying allegations

The Australian Olympic Committee has announced media director Mike Tancred is standing down from his position, pending the outcome of any investigation of the complaint made against him by former chief executive Fiona de Jong.

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HR, coders and manufacturing: The occupations most affected by 457 visa changes

The Federal Government's changes to temporary migration visas would have affected less than 10 per cent of the visas granted in the second half of 2016, official data shows.

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Bill O'Reilly loses job at Fox News over sexual harassment claims

Fox News has decided to part ways with star cable news host Bill O'Reilly following allegations of sexual harassment, the company said.

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Outback Steakhouse accused of using training scheme to underpay staff

A national restaurant chain signed up its young workers to government-subsidised hospitality traineeships which were used to reduce their pay to half the national award rate.

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From hotdesking to dog parks, which office trends should your business follow?

Nobody starts a business and is immediately able to waltz into a shiny high-rise, demanding the entire 31st floor, with a gym and city views. Most of the time, successful ventures begin at kitchen tables or in garages, or at cafe tables as entrepreneurs use their lunch breaks to launch the next big thing.

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What happens when you don’t pay penalty rates

The Fair Work Commission’s decision to reduce Sunday and public holiday penalty rates across hospitality, retail and pharmacy sectors has served as a timely reminder to small business owners grappling with the complexity of pay entitlements across 122 modern awards.

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How to use Facebook Messenger for business

Facebook Messenger is the biggest messaging platform in Australia, with more than 42% of Australian internet users active on the platform and over a billion messages being sent between people and businesses on Messenger each month.

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The Walkley Foundation launches award for best industrial reporting

The Walkley Foundation has announced a new national award for exceptional industrial relations reporting by Australian journalists.

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Human Resource's Role in Shaping the Digital Future of Work the Focus of Bersin by Deloitte's IMPACT 2017

Human resources' role in shaping the future of work is the focus of presentations and working sessions at Bersin by Deloitte's IMPACT 2017.

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19 April 2017



Employers pay for staff racism, even if they have racial discrimination policies

In a court case Australia Post and one of its employees were ordered to pay $40,000 in compensation to a contractor who was subjected to a series of racial taunts and told to, "Go home to Sri Lanka by boat."

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Why Tuesday is the most productive day of the week?

It's the best day to make a dent on a big project, or to collaborate with colleagues, or meet with clients or other contacts. I've heard it's a good day to schedule an interview or ask your boss for a pay rise.

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Australian government axes 457 work visa: experts react

The Turnbull government is axing the 457 visa program and replacing it with a new Temporary Skill Shortage Visa but it might not have the desired affect on the labour market.

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Anti-bullying vs disciplinary process: Fair Work Commission asked to find the balance

Anti-bullying laws might be used by employees facing a potentially adverse disciplinary process to delay or halt it.

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Avoid findings of unfair dismissal: When is redundancy “genuine redundancy”?

The Fair Work Commission (the Commission) has recently ordered the reinstatement of four employees of Staples Australia Pty Ltd (Staples) after finding that they were not made “genuinely redundant”.

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Senior employees and managers cry "adverse action!" at every turn

Employers shouldn't fear giving their executives lawful and reasonable directions at work, but at the rate senior employees are litigating, employers are right to feel uncertain about the operation of adverse action protections.

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Is It Worth Trying To Improve Our Wellbeing?

LinkedIn discussion, spurred by an article based on an interview with Martin Seligman

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Unfair dismissal case confirms the importance of trust and confidence

Where conduct is so egregious that it destroys the necessary trust and confidence in the employment relationship, the Commission will be more willing to find that dismissal is appropriate.

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12 April 2017


CFMEU and officials fined $590,800 for industrial action

The national construction union and ten of its officials have been fined a total of $590,800 for an industrial campaign in 2014 that targeted construction sites in Victoria.




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Former staff claim Calombaris empire routinely ignored penalty rates

Full-time managers and chefs employed at George Calombaris' restaurants routinely worked more than 50 hours a week without correct penalty rates or overtime, it has been claimed, in what was described as common practice at the hospitality empire during its rapid expansion.




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JPMorgan boss says depressing wages for low-paid workers is not good for business

At first blush, ACTU secretary Sally McManus and one of Wall Street's most powerful bankers, Jamie Dimon, would seem unlikely allies on the key battlefield of industrial relations and pay.




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Labour wants balanced industrial relations

Labour is looking to bring more "balance" to industrial bargaining. Labour's finance spokesman Grant Robertson would not be drawn on the question of a move to industry-wide negotiation for pay, telling Q&A on Sunday "announcements will be made before the election in this area".




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News Seven West Media beefs up human resources department with appointment of Katie McGrath

McGrath will join the senior executive team and report to SWM CEO Tim Worner. She joins Seven after seven years with advertising parent company the Enero Group, of which the last four and a half years she was group HR director. Before that she was the human resources director for Enero ad agency BMF.




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6 symptoms of princess sickness in the office

In today’s workplace, it is not uncommon for the human resources department to encounter parents of candidates tagging along to job interviews. While most hiring managers are smart enough to quickly disqualify these kids with helicopter parents from the hiring process, job seekers with princess or prince sickness are a little more difficult to spot.




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Starbucks to offer health insurance to workers’ parents

As of 1 June this year, Starbucks employees across mainland China will be able to add their parents to the company’s health insurance plan. The new policy will benefit over 10,000 parents, the company says.




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