Human Resources, Workplace and Industrial Relations News
21 Feb 2025
Supermarket push to scrap penalty rates opposed by federal government
The federal government has weighed into a growing row triggered by a supermarket and retailer push to scrap penalty rates, arguing doing so would leave tens of thousands of workers worse off.
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Can we just talk? - Minimising conflict in the workplace
The Fair Work Commission, in a recent decision declining to make stop-bullying orders, has provided some guidance on de-escalating conflict in the workplace which may seem quite obvious on its face, but is worth a reminder to employers and managers.
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Managing Employee Requests for Flexible Work Arrangements in Education
A recent ruling in the Fair Work Commission (FWC) reinforced the importance of balancing employees' requests for flexible work arrangements with an employer’s operational needs, providing guidance on how employers can effectively manage such requests within the framework of Fair Work Act.
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Does Drinking Alcohol Before Work Justify Dismissal?
A recent Fair Work Commission Full Bench (“FWCFB”) decision has confirmed the importance of clarity in workplace drug and alcohol policies and highlights that not all misconduct justifies dismissal.
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Investigation criticised by court highlights importance of employer fairness and transparency in HR processes
A critical judgement in the Federal Circuit and Family Court of Australia has highlighted the importance of fair and transparent processes in workplace investigations, after the judge labelled a HR manager’s conduct a “sham” and “a blatant exercise in deception” after the sacking of an employee.
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Fair Work Ombudsman's next target: Aged Care Sector
The Fair Work Ombudsman (FWO) will be shortly commencing a proactive investigation into the aged care sector at the end of February 2025. This article sets out important information for businesses operating in the aged care sector.
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Jobs market like online dating, where recruiters 'swipe left' and applicants get 'ghosted'
As the unemployment rate rises, some jobseekers say the search for employment has become automated and impersonal. LinkedIn research found 51 per cent of 2,000 Australians surveyed at the end of last year say they have been "ghosted" during the job search process.
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Change to non-Nurse position not an acceptable alternative
An employer’s application to reduce redundancy entitlements to nil for a nurse who refused an alternative occupational health technician role at higher pay, has been refused in a recent decision by the Fair Work Commission.
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What to expect in 2025: Employment
A useful article outlining reviews, legislative changes and trends that are likely to impact employers in 2025, including whistleblower protections, unfair dismissal and general protections claims, wage theft, right to disconnect, WGEA reforms and gender pay gap data, flexible work arrangements, anti-discrimination laws, and regulated workers.
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Fair Work Ombudsman files legal action against John Setka and CFMEU for alleged AFL coercion and adverse action
In proceedings commenced in the Federal Court, the Fair Work Ombudsman alleges Mr Setka intended to coerce the Australian Football League (AFL) into dismissing former Australian Building and Construction Commissioner Stephen McBurney.
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14 Feb 2025
Commission finds that it was unreasonable for an employer to require an employee to work a 40-hour week
In a recent case, the Fair Work Commission has found that an employer’s requirement for an employee to work a 40-hour week was unreasonable and a contravention of the Fair Work Act.
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Employees on workers’ compensation leave are not eligible for anti-bullying protections
A recent Fair Work Commission decision has clarified that anti-bullying protections are not available to employees who are absent on workers’ compensation leave.
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Federal Court blows the final whistle on referee fixed-term contracts
Fixed-term contracts have long been a popular tool for employers seeking flexibility in their workforce. Many assume that when such contracts expire, employment simply ends without any risk of unfair dismissal or general protection claims. But what happens when an employee has been engaged on consecutive fixed-term contracts for years?
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Australian HR and employment topics to prepare for in 2025
New developments in discrimination law, industrial relations, privacy and underpayments will be challenges to navigate for employers and HR professionals.
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Supply Chain shakeup: FWC proposing major changes
On 7 February 2025 the consultation process commenced to consider the new TWU Application seeking an order regulating all supply chains involving a contract driver at the base of the chain.
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Safety first – employee methamphetamine use outweighs procedure fairness
The Full Bench of the Fair Work Commission has upheld the dismissal of an employee, agreeing that the seriousness of a positive test result for methamphetamine outweighed the employer’s failure to follow policies and procedures.
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FWC moves on gig-work minimum standard orders – major cost increases on deliveries expected
The TWU Application regulating food and beverage delivery under new laws has implications for gig-platform operator business models and consumer demand for delivered food and beverages and accordingly revenues for restaurants, cafes, fast food outlets and any other business utilising these delivery options.
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Damages of $500,000 and indemnity costs for employment restraint and confidentiality breaches
Restraint breach by a former insurance account manager has resulted in the Federal Court awarding substantial damages to his previous employer.
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Cheaper rent, better work-life balance drives young professionals to the outback
After completing their remote placements some medical and allied health graduates are choosing to stay in the outback to work. Cheaper rent and shorter commutes are attractive for young professionals.
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Is the push to return to the office actually working?
A study has found more than a third of Australians are still working from home, defying a renewed push to get people back into the office post-pandemic.
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7th February 2025
Unlawful Wage Deductions in the Agricultural Sector: A Growing Issue and How to Ensure Compliance
In January 2025, a significant case emerged involving a Goulburn Valley fruit-growing company, which signed an Enforceable Undertaking (EU) with the Fair Work Ombudsman (FWO) after making unlawful wage deductions from 112 employees dating back to 2017.
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Jacqui Lambie rails against unfair dismissal laws
Senator Jacqui Lambie has complained about a former staffer who sued her office for unfair dismissal. The senator used parliamentary privilege to reveal details about the case while railing against current workplace law.
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Looking Ahead in 2025 – Australian Employment Law Update
A useful guide to employment law changes coming up in 2025, the dates on which they come into effect, and key actions for HR and in-house counsel.
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Avoiding Legal Landmines in AI Usage by your staff
Before allowing employees to continue to freely use generative AI (like ChatGPT), it is crucial to consider the potential risks and take appropriate measures to mitigate them.
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No Grey Areas: Employee Entitled to Two Paid Parental Leave Benefits
A recent decision of the Fair Work Commission (“FWC”) not only serves to highlight the importance of unambiguous and careful drafting, but also the risks employers are exposing themselves to should they leave the door open for the FWC to interpret vague terms.
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Changes to Min Pay Rates and Classification in Aged Care Nursing
The Fair Work Commission has recently introduced significant changes to the Nurses Award that will directly affect aged care employees, including nursing assistants, registered nurses, and enrolled nurses. These changes, part of the broader Work Value Case – Nurses and Midwives, are set to take effect at various times in 2025. Employers must be aware of these updates to ensure they remain compliant and avoid potential legal or financial risks.
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'We owe her nothing': Buttrose's email on Lattouf's departure revealed in court
Lawyers for Antoinette Lattouf have revealed private messages between senior ABC executives in a Federal Court hearing.
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Is that Valid? When Can a Medical Certificate be Questioned?
In a recent decision before the Fair Work Commission (“FWC”) involving a general protections claim, constructive dismissal, and jurisdictional objections, discussion turned to the type of evidence which may be requested by an employer while an employee is on personal leave.
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Working Visa rule change could spark backpacker 'hierarchy', amid record numbers
UK citizens applying for working holiday-maker visas are no longer required to complete 88 days of regional work. The National Farmers' Federation says it does not want the exemption extended to other countries, fearing it will further reduce the workforce.
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Fair dismissal after labour hire employee refused site access for unsafe driving
In a recent case a labour hire employee was found to have been fairly dismissed after the host employer refused site access. The circumstances were distinguished from a previous decision of the Fair Work Commission because of the seriousness of the worker’s actions and the employer’s attempts to negotiate a return to the job.
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31 Jan 2025
Working for free, no lunch breaks: Lovisa hit with class action lawsuit
Jewellery retailer Lovisa has been accused of forcing hundreds of young women to work for free before and after their rostered hours and during lunch breaks in a class action lawsuit that more than 300 people have signed up for.
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Defamation claims resulting from a workplace investigation
Most workplace investigations will involve some form of allegation or accusation. Defamation laws exist to protect a person’s reputation, including protection from unfounded accusations.
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Why employer statements for gender pay gap reporting are a crucial business tool
Australian private sector employers should prepare a statement to accompany the public disclosure of their gender pay gap data, which will happen for the second year running in little over one month. They should view the preparation of an employer statement as essential, even though it is not mandatory.
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Do you need a sexual harassment prevention plan in Queensland from 1 March 2025?
From 1 March 2025, if an employer or other person conducting a business or undertaking in Queensland identifies any psychosocial risks associated with sexual harassment at work or from sex or gender-based harassment at work, it must prepare, in consultation with workers, and implement a written prevention plan, to manage those risks. January 28, 2025
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No immunity from redundancy
A recent Fair Work Commission decision has affirmed that employees are not immune from being made redundant when on a flexible working arrangement or on leave.
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Effective and Simple Ways To Solve Disputes at Work
A useful article about resolving interpersonal disputes in the workplace.
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Hamilton Island operators back-pay staff more than $28 million
The companies responsible for the operation of Hamilton Island in Queensland have back-paid staff more than $28.1 million and have signed an Enforceable Undertaking (EU) with the Fair Work Ombudsman. Most of the underpayments were the result of the companies paying many full-time employees annual salaries that were insufficient to cover their minimum Award entitlements, given many often performed overtime, shift-work and work attracting penalty rates.
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NSW recruitment company in court
The Fair Work Ombudsman has commenced legal action against a recruitment company based in New South Wales and its director.
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Court action against Melbourne cosmetics clinic operators
The Fair Work Ombudsman has commenced legal action against the operators of a cosmetics clinic in Melbourne, including for allegedly providing an employee a false pay slip.
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What Comes After DEI ?
While the backlash against DEI has made headlines, surveys consistently show that people want more diverse, equitable, and inclusive workplaces. What we need to acknowledge is that status-quo DEI efforts aren’t working. A new framework, built around the core outcomes of fairness, access, inclusion, and representation offers a promising direction.
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24 Jan 2025
Sydney trains dispute heads to the Fair Work Commission, rail unions withdraw industrial action
On Wednesday, the Minns government dropped its attempt at the Fair Work Commission (FWC) to block the action, after rail unions withdrew the work bans forming the basis of its case. However, one of Sydney's rail unions has threatened a new round of industrial action beginning early next month.
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Wards in NSW’s largest psychiatric hospital close as mass resignations begin
Doctor calls situation ‘an absolute disaster’ for public mental health system and vulnerable patients.
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Avoiding underpayments under the new wage theft laws
The Fair Work Ombudsman’s Voluntary Small Business Wage Compliance Code guides employers in avoiding criminal liability for wage theft, explaining steps that will help an employer avoid criminal prosecution for a non-payment. Employers need to understand the steps recommended by the Code for avoiding liability under them.
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Domino's pizza franchisee banned from hiring trainees across 12 SA stores
A franchisee of fast-food outlet Domino's has been banned from hiring trainees or apprentices across a dozen pizza stores following what a workplace watchdog described as "serious breaches" of educational obligations to junior staff.
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Lawyer who claimed Microsoft Teams was 'illegal video surveillance' has bullying claim rejected
Lawyer who claimed Microsoft Teams was 'illegal video surveillance' has bullying claim rejected
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Inclusive hiring at the heart of project for people with cognitive impairment
In the past 20 years, Australia's employment rate for people with disability has remained relatively unchanged. A pilot program through Flinders University is hoping to help improve work opportunities for people with a cognitive disability.
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High Court determines contract breach leads to psychiatric injury and damages
The High Court has ruled that an employee who suffers psychiatric injury through wrongful termination or disciplinary procedures can be entitled to damages in certain circumstances in a decision that could have a significant impact on Australian employers.
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What every employer needs to know about managing ill and injured employees
When is it okay to terminate someone’s employment if they can’t work because of an illness or injury? It’s the question that keeps a lot of employers up at night, and a challenging scenario for any workplace to manage.
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5 critical ways HR can reduce the risk of employee litigation in 2025
The odds are stacked against employers in Australia when it comes to employee motivated disputes and litigation. Recent data from the Fair Work Commission shows the total number of employee claims against employers increased by 27% in the 2024 reporting year, the highest number of claims since 2010. Ultimately, there is no way to eliminate the risk of lawsuits from employees, but here are 5 proactive steps HR can take to minimise legal risk in 2025.
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FWC finds that employer dismissed employee who refused to sign new employment contract
This is a helpful reminder to employers when rolling out new employment contracts or seeking to update or change terms of an employment.
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17 Jan 2025
FWC finds safety critical employee’s drug use amounted to a valid reason for dismissal
In the recent decision of Woodgate v Queensland Rail Transit Authority T/A Queensland Rail [2024] FWC 3165, the Fair Work Commission (FWC) dismissed an application for unfair dismissal finding that an employee’s non-compliance with a drug and alcohol policy in a high-risk work environment amounted to a valid reason for dismissal.
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A new era – botched disciplinary and dismissal processes can give rise to psychological injury claims says the High Court of Australia
Elisha v Vision Australia [2024] HCA 50 (‘Elisha’) is a landmark decision when, on 11 December 2024, the High Court held that employers can, in certain circumstances, be liable for contractual damages if an employee suffers psychiatric harm when disciplined or dismissed.
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'Tick and Flick' gets the kick: FWC calls for proactive workplace policy engagements
A recent Fair Work Commission case has sent a clear message to businesses – they cannot rely on a ‘tick and flick’ strategy to implement policies regarding respectful behaviour and unlawful conduct in the workplace.
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Non-compete clauses and other restraints of trade in the spotlight pending ACCC review
Restraints of trade have recently been in the spotlight with the Australian Competition and Consumer Commission (ACCC) undertaking a review of non-compete and non-solicitation clauses in employment contracts. The review aims to assess the impact and use of these types of clauses on competition and to inform the Australian Government on whether any reforms are required.
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Woolworths sacks two workers and investigates dozens over alleged conduct during 17-day strike
A spokesperson for Primary Connect, the grocery giant’s supply chain arm, confirmed that a “number of investigations” were ongoing as a result of alleged “unlawful picketing”.
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Sydney train disruptions to cease for now after rail unions ordered to halt industrial action until next week
Fair Work Commission puts interim pause on approval for industrial action after second day of delays for commuters
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Why the majority of NSW's public psychiatrists plan to resign next week
Staff specialist psychiatrists claim they are paid 25% less that their counterparts in other states around the country.
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Reproductive leave could be a ‘gamechanger’ for Australian workers – how would it work?
Giving Australians 12 days off work each year for menstrual pain, menopause and IVF could save a fortune, study finds, but only a handful of workplaces offer it
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New year, safer workplace: how to make work health and safety a priority for 2025
With the start of a new year, many of us are thinking about the personal changes we want to make for 2025, but it’s also an ideal time to take stock of your workplace.
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Work or play? The rise of online ‘kidfluencers’ is raising complex legal and ethical questions
The rise of 'kidfluencers' around the globe raises questions about the blurred lines between play and labour, independence and control, privacy, profit and online success.
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6 Dec 2024
Woolworths seeks urgent Fair Work order to stop strike action
The supermarket giant filed an urgent application with the Fair Work Commission to end industrial action blocking distribution centres
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ACT government demands answers after Genius childcare staff walk off the job citing delayed wages
Genius Education childcare staff resigned en masse claiming their wages had been delayed and their superannuation withheld, meaning at least one centre in Canberra could not open on Monday.
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How your work WhatsApp group could get you sacked
WhatsApp is increasingly being used as evidence in employment tribunals, fuelling warnings to avoid using the social media app at work.
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Skills in Demand (SID) Visa Launches on 7 December 2024: What It Means for Migrants and Employers
The much-anticipated Skills in Demand (SID) visa is set to revolutionise Australia’s skilled migration landscape, officially launching on Saturday, 7 December 2024.
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Make a without prejudice offer to settle a dispute with your employer
If an employee wants to shortcut the disciplinary process, or they are having a tough time at work and want to look at negotiating an exit, they can consider making a ‘without prejudice’ offer to settle the dispute by offering to resign in return for a settlement payout.
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Serious Misconduct Outweighs Flawed Dismissal Process
In a recent decision, the Fair Work Commission (“FWC”) confirmed that employers can expect more of senior employees and that flaws in a dismissal process do not necessarily make a dismissal for serious misconduct unfair.
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FWO and Home Affairs inspect Sydney businesses
The Fair Work Ombudsman and the Department of Home Affairs have recently made surprise inspections of about 40 Sydney businesses employing migrant workers.
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The dispute causing empty shelves at Woolies is a test case for companies using AI and automation on workers
Behind the empty shelves in Woolworths supermarkets across Victoria and New South Wales is a fraught battle between workers and employers that could affect the future of workplaces everywhere.
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‘Ebullient leadership’ can lift your workers out of the doldrums and increase productivity
Social lunches, office trivia, even the odd dress-up day might sound like time-wasting at work. But research, suggests promoting relaxed interactions in the office can make employees more committed and productive.
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Barriers facing young graduates with disability making it hard to find a job
The Australian Disability Network reports people with a disability aged 15 to 64 are twice as likely to be underemployed as those without a disability. Disability support advocates want employers to see the person, not their disability.
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29 Nov 2024
Chatime Australia fined after 'vulnerable workers' paid $7.59 an hour to make bubble tea
Bubble tea giant Chatime has been fined just over $120,000, after the retailer's Australian arm was found to have paid its "vulnerable workers" as little as $7.59 an hour to make hot and cold takeaway drinks.
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Nobody in Australia would work for 65 cents an hour. We cannot tolerate it at foreign embassies either
This article explains the inadequacies of our legal system when it comes to protecting people employed in Australia by foreign diplomats.
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Commission finds role with additional 88km travel time was not suitable alternative employment
In the decision of Australian Cabling Solutions Pty Ltd T/A Australian Cabling Solutions [2024] FWC 2591, the FWC was required to consider an application made by Australian Cabling Solutions (the Employer) to reduce the redundancy pay of an employee who refused to accept its offer of alternate employment.
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Managing critical incidents are critical to everyone's health and safety
The Australian Catholic University (ACU) published research this month with a disturbing top line statistic - 80% of Principals have experienced critical incidents in their schools including violent security threats, mental health crises, suicide attempts and medical emergencies.
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Fair Work Commission to examine fixed-term employment arrangements in tertiary sector
The Fair Work Commission has announced that it will review the fixed-term employment provisions in the higher education modern awards, after the National Tertiary Education Industry Union expressed concern that the effect of the provisions in the HE Awards meant that the arrangements for fixed-term employment in the higher education sector would be significantly more permissive than in the broader economy.
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Understanding Vicarious Liability in New South Wales and how it impacts your Personal Injury Claim
This article explains what vicarious liability means and how it applies to personal injury claims in New South Wales (NSW). It is intended for claimants, but will also be of interest to employers.
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Workplace Policies: When Ticking the Box is Not Enough
In a recent unfair dismissal case, the Fair Work Commission (the “FWC”) found that despite an employee bullying a colleague in breach of the employer’s workplace policies, the dismissal was unjust and harsh because the employee was largely unaware of the policies.
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“Why” is Important
Appropriately, much of our focus when discussing people management issues revolves around “what”, “when”, and “how”. All of that is important, but sometimes our discussions risk deprioritising or, at least assuming too much about, “why”.
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Navigating Australia’s new wage theft laws
When introducing the new legislation, the Minister for Employment and Workplace Relations said ‘if a worker steals from the till, it’s a criminal offence – as it should be. But in many parts of the country if an employer steals from a worker’s pay packet, it’s not. It’s time to end this double standard once and for all.’ So how exactly do the new laws intend to achieve this, and what does this mean for Australian businesses?
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Think twice before making a secret recording at work
In a recent decision the Fair Work Commission found that an employee’s secret recording at work was a valid reason for dismissal and dismissed her unfair dismissal application.
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22 Nov 2024
Rio Tinto workplace report reveals female staff suffering from backlash to diversity measures
An internal report into mining giant Rio Tinto's workplace culture indicates around half its staff feel things are improving. But the company is concerned by an increase in reported incidents of sexual assault, and targeted bullying against women in the past two years.
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Gender pay gap means 'today is the day that women effectively start working for free'
A new report says the gender pay gap, somewhere between 11.5 and 21.7 per cent, is narrowing much faster than it was previously. Big pay bumps in some industries, changes that have given more power to workers, and forcing companies to publish their gap have all contributed to the change.
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Hundreds of Woolworths warehouse staff prepared to strike until Christmas over pay and working conditions
More than 1,500 warehouse workers from four distribution centres are taking part in the strike action, calling for the supermarket giant to negotiate an improved workplace agreement.
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Gender pay gap data reveals Australia’s female CEOs paid $170,000 less than men on average
Female CEOs in Australia are paid an average of $170,000 less than their male counterparts – a gender pay gap of 25% – according to government figures. The pay gap among CEOs was published as part of the national pay gap scorecard for the first time this year, after legislative changes introduced last year.
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Iceland’s shorter working week has been a huge success – and it’s changed my family’s life
For 90% of working Icelanders, a 36-hour week means less stress, more job satisfaction and time to enjoy life beyond work
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Bad advice is everywhere at work. Here’s how to spot it
Nothing dies harder than a bad idea, wrote Julia Cameron in her 1992 book, The Artist’s Way. Unfortunately in the world of careers advice and human resources, bad ideas persist in the face of all evidence and reason to a degree that astrologers can only envy.
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Why Woolworths workers can’t sleep at night: inside the supermarket giant’s controversial ‘Framework’
In early 2024, Woolworths introduced a new worker performance management program across warehouses run by the company’s distribution arm, Primary Connect. Workers say the new system creates huge stress and leads to unsafe work practices.
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Commission finds employer’s unsubstantiated allegations rendered dismissal unfair
Where there is a factual dispute about allegations made against an employee, employers must ensure that the allegations are properly tested before proceeding to a disciplinary process. This will ensure that the employee has been provided with procedural fairness and any reasons relied on by the employer as grounds for dismissal are valid.
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How much control do employers have over employee hygiene and appearance?
In Australia, laws prevent employers from taking adverse action against an employee because of race, colour, sexual orientation, age, physical or mental disability, marital status, family or carer responsibilities, pregnancy, religion, political opinion, national extraction or social origin. Employee appearance is not covered under the current protective provisions. So, what can an employer legally dictate or demand of you concerning your appearance?
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SafeWork NSW increasing workplace checks on psychological health and safety
The WHS regulator, SafeWork NSW, is ramping up checks on psychological health and safety in NSW workplaces, flagging that when inspectors respond to a request for service in organisations with 200+ workers, they will now do a standardised check to see if the workplace is meeting its duty to manage psychosocial hazards.
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15 Nov 2024
‘Very clearly gendered’: furious NSW nurses and midwives reject pay rise deal amid 24-hour strike
Union at loggerheads with Minns government over 10.5% pay rise offer after NSW police win deal for wage increase of up to 40%
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NSW police officers offered pay rise of up to 39pc in 'highest increase in last 30 years'
Thousands of New South Wales Police officers could soon be in for a massive pay rise, with the police union claiming some could receive up to 39 per cent more in their pay packet over the next four years.
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Canberra bus drivers have walked off the job in a snap strike, leaving morning public transport users stranded at bus stops.
The Transport Workers' Union (TWU) said the snap strike on Friday morning was due to a high number of assaults against their members.
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FWC finds Philippine-based worker entitled to claim unfair dismissal
When engaging overseas workers to perform work for an Australian entity, employers need to be mindful of the risks that such workers may be considered employees to whom the Fair Work Act might apply.
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That Wallabies Win … Lessons in Culture and Leadership
An opinion piece discussing 'corporate takeaways' from the successful leadership of the Wallabies rugby team.
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Some women groped at work told it's just a 'cultural thing' in Australia
A new report shows sexual harassment of migrant women is rife in Australia, with bosses and managers among the biggest perpetrators.
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Artificial intelligence could lead to workplace surveillance, discrimination despite projected boost to economy
The Australian Council of Trade Unions has called for a national AI authority to be introduced to regulate the adoption of the technology in workplaces.
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Child employment watchdog issues warning to businesses ahead of summer holidays
The summer holidays are fast approaching and Victoria’s child employment watchdog, Wage Inspectorate Victoria, is urging businesses planning to hire kids over summer to apply for a child employment licence now to avoid being understaffed.
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Article - The Future of Work (in the APS)
This article explains how the Capability and Workforce Committee Taskforce will impact the Australian Public Service workforce, the important role psychological safety plays on a pro-integrity culture, and the special function HR professionals have driving change.
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Australian workers hoard more than 160 million days of untaken leave. So could you be forced to take a break?
Not taking annual leave has negative effects on both mental and physical health for workers. But it can also impact a company’s bottom line. Research has shown that not taking leave reduces employee’s motivation and increases the risk of burnout, leading to reductions in job satisfaction, absenteeism and lower productivity.
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8 November 2024
Flawed workplace investigation resulted in unfair disciplinary outcome for employee
A recent decision of the Fair Work Commission issues some timely reminders to employers when investigating misconduct and implementing subsequent disciplinary outcomes. Flawed investigations (or failing to investigate at all) will likely prejudice an employer’s ability to successfully defend an unfair dismissal claim.
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Construction insiders fear speaking out against CFMEU without whistleblower protections
Building industry insiders say a lack of legal protections means the CFMEU administration process will only scratch the surface of what has been happening in the sector.
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Prevention is Better than Cure: The High Cost of Public Service Workers Psychosocial Injuries
Recent changes to laws across Australia, including the implementation of specific guidelines and codes of practice for psychological safety have brought into focus the risk of psychological injury, and the importance of understanding risks as applicable to different workforces, workplaces and types of work while applying a creative mindset to the assessment and management of risk.
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Unsuccessful unfair dismissal claim due to harassment
This was not a case of mere “foul mouth ranting” in a workplace where swearing was commonplace – in this case of Power v Lyndons Pty Ltd the words used were not only grossly offensive but constituted sexual harassment.
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Closing down for a period for Christmas? Don’t forget the key legal requirements!
Under most modern awards and enterprise agreements an employer that intends to temporarily close down over Christmas, and wants affected employees to take annual leave, must give 28 days’ written notice of the close down period, also reasonably requiring the employee to take accrued annual leave during the period.
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The picture that emerges from new workplace data is of a profoundly unsatisfying work culture
The preliminary results of a global study, found Australia had the second-highest prevalence of occupational depression at 11 per cent, and that prevalence in Australia was among the highest from all cultures investigated.
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Employers shortchanged Australian workers a record amount of super last year, tax office says
Australian workers missed out on a record $5.2bn of superannuation that employers failed to pay last financial year, according to the Australian Taxation Office.
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University spent millions more on consultants than repaying wages of casual staff
A university which spent millions of dollars more on external contractors and consultants for calculating and administering liability for wage underpayments and a review of its systems, than it has paid out to staff, is a ‘damning indictment’ that speaks to a ‘broken governance culture’ at prestigious universities, according to Greens MLC Abigail Boyd.
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Workplace Precarity and the Risks Migrants Face: Harassment, Assault, and Trafficking
Some of the ways migrants are exploited in the workforce get a lot of public attention. We hear tragic stories about wage theft, forced unpaid overtime, unsafe work conditions or discrimination. And we are likely to hear more such grim stories revealed at a NSW parliamentary inquiry that will examine modern slavery in Australia.
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Australian workers back-paid $473 million
The Fair Work Ombudsman recovered $473 million for nearly 160,000 underpaid workers in 2023-24, taking back-payments to workers to $1.5 billion across the last three years.
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1 November 2024
More small businesses than ever are asking the Fair Work Ombudsman for custom IR advice
The Fair Work Ombudsman (FWO) provided more than 3,100 pieces of bespoke advice to employers confused about their workplace obligations in 2023-2024, with the regulator expecting even more in the years ahead.
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Christmas Shutdowns During the Holiday Season: Essential Guidelines for Australian Employers
Many Australian businesses plan an annual shutdown over the Christmas and New Year period to align with lower demand and provide employees with a well-deserved break. While shutdowns can offer operational benefits, employers must navigate specific legal requirements under the National Employment Standards (NES) and other workplace agreements. Here’s what you need to consider for a smooth and compliant holiday shutdown.
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QLD - New Workplace Legislation Targets Sexual and Gender-Based Harassment: What Employers Need to Know
Sexual and gender-based harassment is a serious issue in modern Australian workplaces, posing significant physical and psychological risks to employees and other workers. In response, the Queensland government has introduced critical legislative changes designed to address these risks proactively. The Respect at Work and Other Matters Amendment Act 2024 (Qld) and the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Qld), effective from 1 September 2024, impose new obligations on employers to better manage the risk of harassment in the workplace.
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Unpausing the discussion about menopause in Australian workplaces
Recently issues concerning women’s health have received more attention and funding from the Government. This has extended to the Senate producing a report concerning perimenopause and menopause (the Senate Report). The Senate Report makes it clear that perimenopause and menopause present issues for women, but they also present issues for employers.
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How to deal with a “Baby Reindeer” stalker in your workplace
The recent Netflix series Baby Reindeer has brought the issue of workplace stalking into mainstream conversation. However, stalking is not just an issue seen on TV. It is an increasing problem which can complicate workplace relationships and impose ethical and legal obligations upon employers to take action to protect the health and safety of employees.
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Lack of coverage for insurance account manager's $500,000 mistake
The Federal Court of Australia has ordered a former insurance account manager to pay $500,000 in damages for breaching a non-solicitation clause.
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GenAI in the workplace: what are the privacy risks?
Generative artificial intelligence (GenAI) has become increasingly popular in Australia, with many workplaces beginning to trial its use for day-to-day tasks. Despite its potential benefits, there are real, and potentially serious, privacy risks associated with the misuse of GenAI.
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Church employee unfairly dismissed for getting COVID vaccine
The Fair Work Commission (FWC) determines that a Church employee’s dismissal for receiving the COVID-19 vaccine was unfair and awards $8,000 in compensation.
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Council employee deemed eligible for compensation after tripping over puppy fence while working from home
A council employee has won a claim for workers compensation after falling over a pet fence while working from home. The South Australian Employment Tribunal ruled her injuries - including a broken arm - arose out of her employment.
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Workplace sexual harassment is still common, but many businesses are unaware of their obligations
A new report by Our Watch has found 40 per cent of workplace leaders surveyed are unaware of their new legal obligations to prevent workplace sexual harassment.
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25 Oct 2024
Significant Win for Uber in Payroll Tax Dispute
In a landmark decision, Uber has successfully argued that payments made to its drivers are not subject to payroll tax under the relevant contractor provisions. This victory, valued at $81.5 million, highlights critical differences between Uber’s operations and other recent cases concerning payroll tax, such as those involving medical practitioners and loan brokers.
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How pre-employment checks minimise the risk of post-recruitment discoveries
You have hired an employee who appears to be perfect on paper, only to later discover that they have misrepresented or deliberately withheld information about their qualifications, employment history or problematic past.
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“Campaign of pressure” to sign a new employment contract results in unfair dismissal
The Fair Work Commission (FWC) has warned that employees cannot be compelled to sign a newemployment contractafter a worker was found to have been unfairly dismissed for not agreeing to a new contract with a higher sales target and stricter post-employment restraints.
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Queensland Employers may be ‘named and shamed’ under Queensland Respect at Work Act
Employers face a real prospect of being ‘named and shamed’ in the Queensland Parliament if they fail to comply with a new positive duty to stamp out discrimination in the workplace from 1 July 2025.
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Worker’s compensation NSW: work capacity decisions
Under the Workers Compensation Act 1987, the insurer has the right to undertake a work capacity assessment in an injured worker’s compensation claim. The purpose of a work capacity assessment is to determine what the injured worker’s current capacity is to earn in suitable employment as a result of their workplace injury.
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Grants now available for NSW councils to hire 1,300 additional apprentices and trainees
The Fresh Start for Local Government Apprentices, Trainees and Cadets Program which will fund the wages of 1,300 apprentices, trainees and cadets over the next six years, is the largest state government investment in the direct hire of new apprentices in recent memory.
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Remedies for avoiding a Christmas Party legal hangover
Christmas parties can be a welcome and happy occasion to celebrate the close of a working year. They can also be an occasion for unguarded behaviour with unwanted consequences, as highlighted in a recent case in the Fair Work Commission involving a dismissal after a Christmas party.
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2024-2025 New South Wales Skilled Nomination Program Now Open
The 2024-2025 Skilled Migration State Nomination Program for New South Wales (NSW) has officially launched, offering exciting opportunities for skilled workers in high-demand sectors.
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‘Stop all time wasting’: Woolworths workers tracked and timed under new efficiency crackdown
The supermarket giant has increased pressure on employees with a new framework that warehouse staff describe as ‘bullying’ and unsafe.
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Qantas ordered to pay $170,000 to three workers illegally sacked at start of pandemic
Qantas is facing a hefty compensation bill expected to exceed $100m as it braces for the fallout of its decision to illegally sack almost 1,700 baggage handlers in 2020.
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18 Oct 2024
Probationary dismissals still valid
This interesting legal article discusses the finer points of probationary period dismissals; how the timing can lead to general protections claims and the evidence the courts look at when considering such claims.
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Pedants take note! How to spot an AI applicant
A brief but interesting article from the Australian Public Service about the use of AI in job applications.
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Lawyers say Koutoufides’ plan to force Melbourne workers back to the office “extremely difficult”
A bold proposal to force Melbourne CBD workers into the office four days a week would be difficult to enforce and could even push employees away, according to leading workplace and employment lawyers.
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Employer did not force an employee to resign by enforcing its hybrid working arrangement
In Reinmuth v James Cook University[2024] FWC 1968, the Fair Work Commission (FWC) has confirmed that it is reasonable for an employer to enforce its expectation that an employee return to the workplace under a hybrid working arrangement, despite providing medical advice that she was only able to work exclusively from home.
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Jail time for deliberate wage theft from 1 January 2025
New statutory provisions prohibiting deliberate underpayment of wages to employees in Australia will commence on 1 January 2025. The new laws include maximum prison sentences of up to 10 years for corporate executives involved in the offences.
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From Relief to Risk: navigating the haze of medicinal cannabis and safety in the workplace
The evolving regulatory landscape, coupled with uncertainties around the effects of medicinal cannabis impairment, demands careful consideration from employers, especially in sectors where safety-critical roles are involved.
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There’s a renewed push to scrap junior rates of pay for young adults. Do we need to rethink what’s fair?
Should young people be paid less than their older counterparts, even if they’re working the same job? Whether you think it’s fair or not, it’s been standard practice in many industries for a long time. The argument is that young people are not fully “work-ready” and require more intensive employer support to develop the right skills for their job. But change could be on the horizon. Major unions and some politicians are pushing for reform – arguing “youth wages” should be scrapped entirely for adults.
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Commission finds employer’s ‘rushed’ investigation process of sexual harassment allegation renders dismissal unfair
When conducting workplace investigations, one issue that we commonly face is ensuring that the process is completed in a timely manner to minimise any disruption and uncertainty in the workplace. However, whilst investigations should be completed as quickly as possible, this must not come at the expense of procedural fairness being provided to all employees involved.
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Western Australia’s industrial relations reform continues …
This article highlights the key reforms contained in the Industrial Relations Legislation Amendment Bill 2024 (WA) was introduced on Wednesday 18 September 2024, as part of the West Australian Government’s wider reforms to the State’s employment laws.
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Australian legislation to support workers impacted by energy transition
New legislation supporting workers in industries directly impacted by the energy transition will soon take effect in Australia. The Net Zero Economy Authority Bill 2024 (Cth) (NZEA Bill), which received Royal Assent in September, was created in anticipation of the significant changes to Australia’s power generation industry as the country moves away from fossil fuel-fired infrastructure.
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10 Oct 2024
New FWC Single Interest Employer Authorisations Put to the Test
This article discusses a “test case” decision that provides guidance as to when the FWC will (and will not) grant a single interest employer authorisation (“SIEA”). It also explains what and SIEA is.
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(SA) Comparing DAMA and RCB Employer Sponsored Programs: Which Sponsorship Pathway is Right for Your Business?
In this article compares these employer-sponsored pathways, including their visa subclasses, features, and legal obligations. It also discusses some Australian legalities you should be aware of when sponsoring foreign workers.
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AI regulation gets underway
The Commonwealth government has released its latest initiative to regulate the development and use of artificial intelligence (AI) tools. The package comprises of two parts, a voluntary regime and a proposed mandatory regime that will apply to so-called “high risk” AI cases once the basis of its application has been resolved.
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New rights for independent contractor in unfair arrangements
Organisations that engage independent contractors should take steps to ensure the relevant contracts are compliant. In particular, the changes regarding the unfair contract regime in the Fair Work Commission (FWC) will likely bring an increase in contractor disputes.
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Asia-Pacific employers could see non-compete clauses curbed
As the US’ Federal Trade Commission ban on 'restrictive covenants' such as non-compete and non-solicitation clauses in employment agreements faces mixed judicial opinion, jurisdictions across the Asia-Pacific region could soon adopt similar restrictions.
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Australian ruling finds employee dismissal unfair despite substantiated sexual harassment claims
A recent Australian decision has found the dismissal of an employee who sexually harassed co-workers unfair due to investigation flaws and procedural unfairness. This was despite the employee’s sexual harassment constituting a valid reason for his dismissal.
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Why 'asynchronous communication' is useful when working with people in different time zones
If you work with people in different parts of the country, the first week of daylight saving can cause all sorts of headaches. It can be particularly challenging for people in Queensland, who for most of the year share the same time with the rest of the east coast.
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5 rules to follow in a disciplinary meeting
Disciplinary meetings are stressful for both the employer and employee, and it is easy to get them wrong. Whether you are an employee facing a disciplinary meeting, or an employer holding the meeting, these rules will help you to manage it better.
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Sweeping changes to workers’ compensation in Queensland…
Sweeping changes to workers’ compensation in Queensland have recently commenced. Here are some things that employers and employees need to know about the changes.
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Productivity is often mistaken for wages. What does it really mean? How does it work?
Australia’s productivity growth has reverted to the same stagnant pattern as before the pandemic, according to the Productivity Commission’s latest quarterly report. Productivity is complex and often misunderstood in media and policy debates. So before we read too much into this latest data, here are six key things to understand about productivity.
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3 October 2024
Calls for Fair Work Act overhaul as Aegis aged care worker denied underpayment compensation
There are calls for laws to be changed so employees have more than six years to claim underpayment for work they have done. A former worker at a WA aged care centre won't get a payout, due to a six-year limitation period under the Fair Work Act.
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NSW nurses and midwives drive over the Queensland border and make thousands of extra dollars amid pay dispute
The Nurses and Midwives Association in NSW is pushing for a one-off 15 per cent pay rise, after rejecting a state government offer for a 10.5 per cent pay rise over three years.
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Qantas engineers warn strikes will continue if airline doesn't make higher pay offer
Qantas engineers at capital city airports held two-hour strikes on Monday morning as part of a protracted pay dispute with the airline. They want a 15 per cent pay rise with further rises in subsequent years.
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‘Like I’ve been jailed’: after a lifetime of piecework, textile outworkers can retire with no super
Textile union says the plight of My Linh, a refugee from South Vietnam who was paid around $5 an hour, is typical of outworkers facing exploitation
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Employer vindicated for reasonable management action done reasonably
When extreme patience, kindness and truth defeats a thousand lies
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Sole trader convicted and fined $100,000 for WHS breach resulting in death of worker
In a recent decision of the NSW District Court (the Court), a sole trader has been convicted and fined $100,000 for breaching his health and safety duty under the Work Health and Safety Act 2011 (Cth) (WHS Act), which resulted in workers being exposed to a risk of death or serious injury.
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Latest Insights on Non-Compete and Non-Solicit Provisions in Australia: Public Consultation Wrap-Up
During the consultation period, numerous opinions were expressed, ranging from maintaining the status quo in relation to non-compete and other restrictive covenants, through to banning them entirely. Within the opinions expressed, a number of expected trends emerged.
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Federal anti-discrimination laws: new applicant costs protection regime introduced
The Federal Government has passed the Australian Human Rights Commission Amendment (Costs Protections) Bill 2023 which introduces a radical new costs regime into Australia’s federal anti-discrimination laws.
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I Hear What You’ve Said, But I’ve Seen What You Do
It can be a frustrating and an all-too-common scenario. There’s an issue with an individual’s or a teams’ conduct or performance. The issue has been allowed to go unaddressed for longer than it should have, but the time for change has come. We all know things might have been different if the manager had addressed the issue earlier, but we are where we are.
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Can a car allowance put an employee’s earnings over the high income threshold?
In short, yes, but exactly how is a bit more complicated.
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27 Sept 2024
Coal miners launch joint bid to overturn Albanese government's industrial relations reforms
The federal government's multi-employer bargaining reform is set to face its first test, as three coal mining giants launch a bid to appeal a decision forcing them to engage in the practice.
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Lucy’s job should be more secure – but at Australian universities, labour laws are having the opposite effect
Closing loopholes bill was designed to offer a pathway to full-time work but some casual academics say it’s not a reality.
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Businesses must only collect personal information when reasonably necessary
The best way to protect your business from a data breach is to avoid collecting any personal information. Of course, this often goes against commercial goals. However, as suggested by the Office of the Information Commissioner (OAIC), businesses must consider whether it is necessary to collect and hold personal information to carry out their functions or activities.
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The process of unfair dismissal claims in the Fair Work Commission
If you’ve been terminated and you believe that termination is harsh, unjust or unreasonable, you may be eligible for an unfair dismissal claim in the Fair Work Commission. If you are a national system employee* and want to make an unfair dismissal claim, you should be aware of the steps involved before you can get an outcome.
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Australia’s construction industry needs more hands on deck – so why is it ignoring skilled migrant women?
Australia’s construction industry is facing a perfect storm: enormous targets for building – 1.2 million new homes and A$230 billion worth of infrastructure over the next five years – at the same time as net migration is forecast to halve. Without as many migrants, Australia might not have the workforce it needs to meet these targets.
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What is reproductive health leave and why do we need it?
Time off work to deal with IVF, menopause, gender transition treatments, vasectomies and other reproductive health issues would be enshrined in all workplace awards if a national union campaign succeeds.
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Australia’s consultation on non-compete clauses reveals differing industry views
Public feedback to the Australian government’s recent issues paper on post-employment restraints of trade has revealed widely differing views among unions and employer groups regarding the possible limitation of such restraints.
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Sydney finance and mortgage-broking company penalised
The Fair Work Ombudsman has secured a total of $117,190 in penalties in court against the operators of a finance and mortgage-broking company in Sydney, after they failed to back-pay three workers and knowingly issued false or misleading pay slips.
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Defending harassment claims now comes with potential higher costs for employers
Both Houses of Parliament have now passed the Federal Government’s final piece of legislation enacting the Respect@Work reforms, meaning that defending sexual harassment claims in court is about to become a whole lot riskier and potentially more expensive for business.
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Child employment regulator issues 1000 licences to help keep kids safe in the workplace
More than 1000 Victorian employers have been granted a licence to employ children under 15 since the new child employment licensing system came into place. This milestone comes almost a year after stronger laws were introduced in Victoria to help keep kids safe in the workplace.
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19 Sept 2024
Union dispute threatens to disrupt Sydney train services days before one of the busiest weekends of the year
The state government has been negotiating a new enterprise agreement with Sydney Trains and NSW Trains since June. Transport Minister Jo Haylen said she had failed to reach an agreement with the union during negotiations late last night.
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‘All too common’: win for senior public servant as BoM ditches its appeal in unfair dismissal case
The Bureau of Meteorology has withdrawn its appeal against the unfair dismissal case from a senior public servant who was sacked for taking two days of approved personal leave in Paris before attending a conference.
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The trouble with 15%: why early childhood educators say more than a pay rise is needed
Staffing issues, burnout, insufficient training and low pay mean even the most passionate of educators are ready to leave the field
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Recent Changes in Payroll Tax for Medical Practices
Traditionally, many medical practices engage health practitioners as independent contractors rather than employees. Under this model, the practice collects the full patient fee and rebate, deducts a service fee, and then pays the remaining amount to the practitioner. Historically, this arrangement has not been classified as paying employee wages, but recent changes have sparked a shift in how these payments are treated for payroll tax purposes.
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Uber win pauses payroll tax $81m assessment under 'relevant contract' rules
In a win for the taxpayer, the NSW Supreme Court recently handed down its decision in Uber Australia Pty Ltd v Chief Commissioner of State Revenue [2024] NSWSC 1124. On 6 September 2024, Chief Justice Hammerschlag determined that Uber Australia Pty Ltd (Uber) was not liable for payroll tax on contracts with its drivers on the basis that the payments made under those contracts were not ‘taxable wages’.
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Obtaining other acceptable employment and the impact on redundancy pay
When considering the financial impact of redundancies, employers should be mindful of the operation of s 120 of the Fair Work Act 2009 (Cth) (the FW Act), which allows an employer to apply to the Fair Work Commission (the FWC) to reduce the amount of redundancy pay it is obligated to pay redundant employees in certain circumstances.
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Are you liable for labour hire workers if they are injured?
Many employers (host employers) engage employees of labour hire companies, particularly in the building and construction, hospitality and manufacturing industries. However, what happens when one of these employees gets injured at the host employer’s work site? Who is liable for the injuries?
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When Can the FWC Make a Stop Sexual Harassment Order?
This article explains the FWC's relatively new powers to issue stop sexual harassment orders, and why some recent applications have been unsuccessful.
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The new laws affecting contractors – a new right of application for contractors
From 26 August 2024 changes to the Fair Work Act 2009 gave many contractors a new right to apply to the Fair Work Commission to cancel or change unfair terms in their contracts. Which contractors can apply?
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Australia could be sitting on an unemployment time bomb, economists warn
International investment firm Deutsche Bank says unemployment forecasting ignores a fundamental, and highly unusual, development in Australia's labour market that has the potential to shape Australia's economic future.
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12 September 2024
Deploying intelligent virtual assistants will help your people and culture specialists power through the hack work.
Are you prepared for the extraordinary additional workload a slew of legislative reforms will create for your already-under-the-pump HR team this year? Fortunately, there’s an affordable way to get more firepower on your HR team, one that doesn’t entail an unwelcome increase in overheads.
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The importance of getting redundancies right
Before there is a final decision to terminate, employers must engage in a consultation process that is genuine. The process should be a bona fide opportunity provided to the employee to influence the decision maker.
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FWC upholds dismissal of employee for sending harassing messages and emails to his manager
Employers have WHS obligations to eliminate or minimise psychosocial risks in the workplace. These risks can arise from hazards such as workplace conflict or poor workplace relationships. Employers should be mindful that such conduct is not limited to conflict amongst peers or from managers to their reports, but also conduct from employees that affects their managers.
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Commission upholds dismissal of underperforming employee
Managing an under performing employee can often be a complex task, particularly in circumstances where the employee has shown signs of improvement, but their overall quality of work continues to fall below the minimum expectations.
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Minerals Council chief warns government reforms have put Australia's resources future in a 'precarious state'
Prime Minister Anthony Albanese faced an icy reception at the mining industry's annual parliamentary dinner. Minerals Council chief executive Tania Constable said the government's workplace reforms were already bringing conflict to "every workplace in every industry".
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NSW Premier says nurse's demand can't be met as thousands strike despite IRC order
Nurses are demaning a 15% one year pay rise. Speaking to a nurse who called into Nine Radio, Premier Chris Minns said "If we implemented a 15 per cent, one-year increase in salaries, it would cost $6.5 billion, that's more than we spend on the entire police force,"
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Can a labour hire worker claim an unfair dismissal?
The Fair Work Commission’s decision in Dung Thai vs Adecco Group [2024] FWC 2292 (Thai v Adecco Group) provides a reminder of the flexibility that this work structure offers and highlights certain actions that are required to manage a labour hire workforce.
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Work Safety: What does “all reasonable steps” mean? A timely reminder for officers
The recent decision of SafeWork NSW v Miller Logistics Pty Ltd; SafeWork NSW v Mitchell Doble [2024] NSWDC 58 usefully illustrates the steps the Court will consider when deciding whether an officer has discharged their due diligence obligations under work health and safety legislation.
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Merivale hospitality group allegations being assessed by SafeWork NSW and Liquor & Gaming NSW
SafeWork NSW is making enquiries into the allegations uncovered by the ABC, which a spokesperson described as "concerning". A spokesperson for Liquor and Gaming NSW said it took the allegations seriously, and was assessing whether any breaches of liquor legislation had taken place. NSW Police is investigating allegations by a former patron of Merivale's Ivy nightclub that she was presented as a sex worker to a group of men she did not know.
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5 Sept 2024
Transport Workers' Union dissolves branch, claiming 'significant operational and cultural issues'
The Victorian-Tasmanian branch of the Transport Workers' Union will be disbanded following the conclusion of an independent investigation.
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Calls for better transport gig economy worker protections after driver held at knifepoint in Launceston
Advocates say the incident demonstrates the vulnerability of transport gig economy workers, who aren't offered the same workers' compensation protections as other workers due to being classified as independent contractors.
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Former CFMEU official launches high court challenge over Albanese government law
Jade Ingham, former national president of the Construction, Forestry and Maritime Employees Union, announced the challenge, accusing state and federal Labor governments of “active treachery and class warfare” for having “stolen” the union from members.
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Handle with care: employer obligations when handling personal information about their employees
A recent decision by the Australian Privacy Commissioner has highlighted the need for employers to tread carefully whenever they receive personal information, particularly sensitive health information, about their employees.
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Modern award changes following the ‘right to disconnect’
The ‘right to disconnect’ took effect from 26 August 2024* as a new protected right in the Fair Work Act 2009 (Cth) (FW Act). The reforms empowered the Fair Work Commission (FWC) with new powers and dispute resolution pathways. While employers are now familiar with this new legal right, it is important to note that the FWC was also required to vary all 155 modern awards to include a right to disconnect clause.
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Dismissed or Resigned? When a Resignation Became a Dismissal
In a recent decision, the Fair Work Commission (“FWC”) was faced with deciding whether an employee had resigned or was, in fact, dismissed by his employer after his boss asked him to “finish up” his notice period early.
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Another Reason Why It’s Important to Manage Conduct and Performance from Day One
With the High Court confirming that an employee’s workplace rights include future workplace rights, the stage was reset for employees who were dismissed during the first six months of their employment to allege that the dismissal was for reasons which included the prevention of the employee from being able to exercise their right to make an unfair dismissal application.
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You've probably heard of quiet quitting, but what about quiet vacationing?
Quiet vacationing is the latest trend gaining traction on social media, with some videos on TikTok garnering millions of views, and it refers to the trend of employees using the flexibility offered by remote working conditions to work from somewhere other than home in an effort to improve their work-life balance.
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More than 20,000 extra early childhood educators urgently needed in Australia
Early childhood education workforce levels 'not sustainable', report finds
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Businesses using AI without telling customers or employees, survey reveals, as government moves on 'mandatory' AI rules
New 'mandatory' AI rules in Australia are likely to require transparency in recruitment where AI is used for screening.
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29 August 2024
Your Guide to the 2024-25 Victorian Skilled Visa Program
This article briefly explains the new Subclass 190 and Subclass 491 visa categories, the pathways they offer for permanent residency, how to apply for a Victorian Skilled Visa Nomination and the legal considerations.
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FWC upholds dismissal for refusal to take drug and alcohol test
In a recent unfair dismissal decision, the Fair Work Commission (the FWC) has provided support for the position that employees bear the responsibility of complying with workplace policies and procedures and that a failure to do so can amount to not only a valid reason for dismissal but may constitute serious misconduct warranting summary dismissal.
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Lights, camera, lawsuit: Risks of creating social media content at work
From sharing Instagram reels of an employee asking coworkers about their favorite products to uploading videos of staff hopping on the latest TikTok trends, featuring employees on a company’s social media has never been more popular. It sounds harmless, but what happens when a video goes viral or attracts negative comments?
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TWU Launch First Fair Work Minimum Standards Application for Road Transport Workers
On 28 August 2024, the Transport Workers Union (TWU) filed three applications seeking minimum pay and conditions standards for thousands of contractors working in the road transport industry. The applications are seeking to cover Food Delivery Gig Workers and Delivery Contractors.
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Recent fines put Australian employers’ long service leave obligations in the spotlight
Recent instances of Australian employers failing to pay long service leave entitlements on time have highlighted the need for employers to be aware of their obligations in this area – and the extent to which they can differ depending on the location of where work is performed or directed to be performed from.
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All for one, but not one for all: multi-employer bargaining
The Full Bench of the Fair Work Commission delivered an important decision in Association of Professional Engineers, Scientists and Managers, Australia v Great Southern Energy Pty Ltd T/A Delta Coal, Whitehaven Coal Mining Ltd, Peabody Energy Australia Coal Pty Ltd, Ulan Coal Mines Ltd [2024] FWCFB 253, answering many questions that emloyers had about the new multi-employer bargaining.
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Tickle v Giggle – Court finds discrimination is no laughing matter in landmark case
A recent major gender identity discrimination case has hit the headlines. Roxanne Tickle, a transgender woman, successfully sued a female-only social media platform for gender identity discrimination in the provision of services. This was the first time a Court had consider a claim of gender identity discrimination.
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FWO Statement on protests
After national rallies this week, employers are encouraged to notify the Fair Work Ombudsman (FWO) of any potential unlawful industrial action at their workplace. As part of the FWO’s functions under the Fair Work Act (the Act), the FWO monitors and investigates potential non-compliance with Commonwealth workplace laws. This includes allegations of engaging in or organising unprotected industrial action in breach of section 417 of the Act. Unlawful industrial action can involve conduct by an employee, employee organisation and/or an officer of an organisation, or an employer.
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Making workers return to the office might not make them any more productive, despite what the NSW premier says
A study conducted by the University of Sydney Business School found that workers who take up working from home devote about one third of the time they save by not commuting to extra unpaid work. When workers were who took up working from home what the new arrangement had done to their productivity, more said it had improved it than made it worse. About one in five said it had made them “a lot more productive”. Only one in 30 said it had made them “a lot less productive”.
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Sydney vintage shop threatened employee who took weekends off while serving on murder trial jury
Judgment believed to be first case brought over an employer threatening a juror.
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22 August 2024
Opting for Independence and out of the new ‘Employee’ Definition
The government has now introduced the Fair Work Amendment (Contractor High Income Threshold) Regulation which sets the new contractor high income threshold. This article will deal with the impact that this threshold has on the new “opt out” mechanism for employees who earn over $175,000 and how ‘opting out’ works in practice.
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The new casual employment information statement
This article explains the new requirements for issuing the casual employment information statement.
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Moving from reactive to proactive: Preventing sexual harassment in the workplace
On 1 December 2023, amendments to the Sex Discrimination Act 1984 (Cth) introduced a positive obligation on employers to prevent sexual harassment, sex-based discrimination, and victimisation in the workplace. Anecdotal evidence indicates that Australian businesses and boards are not currently taking active steps to comply with the positive duty to prevent workplace sexual harassment and sex-based discrimination at work.
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The Final Piece of the Puzzle? Government releases new contractor high income threshold
This article provides an overview of the significance and implications of the new ‘contractor high income threshold’ for the evolving legal landscape surrounding the relationships between businesses, employers, and contractors. It also summarise what these changes mean for employers in the lead up to the 26 August 2024 and beyond.
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Australian case finds franchisor liable for franchisee employees
In an Australian first, the Fair Work Ombudsman (Australia’s independent statutory agency regulating workplace relations) has successfully used legislation aimed to hold a franchisor to account for the conduct of its franchisees who underpaid its employees.
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No blood, no job': The companies ruling out job applicants who refuse to take blood tests
A new report by the Australia Institute's Centre for Future Work has found that employers are requesting blood tests as part of the recruitment process without providing clear evidence as to why they are needed. There is no guarantee employee records which would retain such medical information would be covered by the Privacy Act.
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Stay virgin before work
Let’s talk about sex and a glass of Prosecco. Perhaps a taboo discussion in connection with employment. But that was the topic in the recent, hard fought, unfair dismissal case of Macnish v Virgin Airlines Australia Pty Ltd [2024] FWC 2154.
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Australians will soon have the right to disconnect after hours, but it may not shift an 'excessive' work culture
Research shows many Australians are at "high risk" of work addiction, and our work-life balance is worse than that of many other countries.
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‘They won’t let me go’. Can your boss stop you from resigning?
You are working long hours, being repeatedly rostered to work weekends and are increasingly anxious and unhappy in your job. Enough’s enough, you decide to quit, but your boss won’t let you.
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Australia’s gender pay gap has hit a record low – but we still have work to do
Australia’s gender pay gap – a key measure of economic inequality between men and women – has fallen to a record low of 11.5%. That’s down from 13% this time last year, the steepest annual fall since 2016. Ten years ago, it was almost 19%. But national averages don’t tell the whole story. While gender pay gaps have fallen in some industries, they’ve also been rising in others.
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15 August 2024
Failure to comply with consultation obligations means dismissal was not a genuine redundancy
In times of major organisational change which result in restructure and redundancies, employers may overlook obligations they may have to provide notice and consult with employees under industrial instruments.
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New Skills in Demand visa proposed from late 2024
This new visa will replace the Temporary Skills Shortage visa. Employers and industry group leaders have an opportunity now, to provide feedback on the core skills occupations list by participating in a survey being administered by Jobs and Skills Australia.
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The new casual conversion requirements
This article explains the new requirements about casual conversion to permanent employment which commence on 26th August.
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A recent case in QLD highlights the regulators’ broad powers in the investigation of WHS breaches
The Supreme Court of Queensland found that the inspector was within his rights to enter Metarock’s head office and copy 14,000 documents as part of his investigation, despite not having a valid warrant at the time.
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Four Corners investigation looks into harassment and sexism at the Seven network
A Four Corners investigation has found a pattern of bullying, harassment and sexism at the Seven network, which has seen a string of high-level resignations and sackings.
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Here's what more than a million Australians who want to work say is holding them back
The number of people wanting paid work increases by at least 100,000 people since December 2023, with the majority of them ready to start work almost immediately.
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Are we more productive working from home or in the office? This is what the experts say
More people are working from home in some capacity since COVID-19 lockdowns. But with more workers being called back to the office, what's actually more productive?
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Strengthening the resilience of your workforce through Psychosocial Capital
The article examines the tension between employees' requests for remote work and employers' efforts to maintain in-person office presence. It highlights a legal case where a flexible work request was denied, emphasizing the importance of in-person interaction for building resilience and "psychosocial capital" in the workforce.
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Changes to the incident notification framework are on their way
Safe Work Australia has announced the next step towards changes to the incident notification framework under the model work health and safety (WHS) laws. The changes have been anticipated for some time and follow a review of the framework which found there was an opportunity to improve the coverage and operation of the provisions. A key focus of the changes is to expand the framework to capture psychosocial hazards and related psychological injuries and illnesses.
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Is That Reasonable? Refusing a Flexible Working Arrangement Request
In a recent new amendment to the FW Act, employees who have their flexible working arrangement refused by their employer can make a claim to the Fair Work Commission (“FWC”). The FWC has a broad range of powers and can decide what the flexible working arrangement should look like.
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8 August 2024
Remote working arrangements: can I ask my workforce to return to pre-pandemic arrangements?
Several recent court decisions have tested the ‘right’ of employees to work remotely, providing further clarification for Australian employers.
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Food chain fined $13.7 million for underpayment of staff
Sushi chain handed record fine for ‘audacious’ underpayment of vulnerable workers
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Early childhood education workers to receive 15% pay rise – if centres limit fee increases
The Federal Government hopes forcing childcare centres to limit fee hikes to secure funding for wage rises will save parents from further price shocks
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Can my employer use a restraint of trade to prevent me from working for a competitor?
This law firm article explains the validity (or not) of non-compete covenants
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FWC provides further guidance on return to office requirements
The Fair Work Commission (FWC) has provided further guidance about employer directions to return to the office in the context of the flexible work dispute - Ridings v Fedex Express Australia Pty Ltd T/A Fedex [2024]
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Employer's Rights when Conducting an Investigation
In a decision delivered last week, a Fair Work Commission full bench has rejected that an employer is required to provide an employee with a copy of a confidential investigation report that details their alleged misconduct.
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NSW government workers ordered back into office told they will need to be flexible
NSW Premier Chris Minns's department secretary says employees who moved as a result of work-from-home arrangements may need to be flexible.
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Shredding the paper ceiling - a paradigm shift in recruitment
In the ever-evolving landscape of recruitment and employment practices, a notable trend is emerging: hiring based on life experience rather than traditional academic qualifications.
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Fair Work says CFMEU broke the law thousands of times, costing members millions
Court documents reveal the Fair Work Commission has fined the CFMEU and its members more than 2,600 times in 21 years.
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Are you entitled to long service leave and how do you access it?
Paid long service leave remains an entrenched Australian value and serves to reward long-serving employees, including casual and part-time workers, by providing them with an extended period of additional paid time-off. But what exactly are your entitlements?
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1 August 2024
Employee’s lack of regard for safety constituted valid reason for dismissal
In workplaces where machinery is operated, it is important that the highest level of safety is adhered to. In Bunce v Pmfresh Pty Ltd [2024] FWC1577, the Fair Work Commission (FWC) has recently held that an employee’s admitted drug use and poor regard for forklift safety were valid reasons for dismissal.
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The age-old debate - employees and independent contractors
Employees who are incorrectly treated as independent contractors will have access to certain protections under the Fair Work Act 2009 (Cth) (FW Act), as recently demonstrated in the decision of Aspire 2 Life Pty Ltd v Tidmarsh [2024] FWCFB 28.
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Could your organisation be at risk of underpaying its staff?
This article briefly explains the Fair Work Ombudsman's approach to enforcement action in cases of underpayment, the benefits of voluntary disclosure, and what employers can do to prevent underpayment issues occuring.
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Court ruling clarifies WHS prosecution timing
An important decision from the Court of Criminal Appeal in New South Wales has put in doubt whether the two-year limitation period for commencing a prosecution in harmonised work health and safety (WHS) jurisdictions starts from the date of an incident, if the regulator was previously aware of the same risk of injury at the site of the person conducting a business or undertaking (PCBU).
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New rights and protections for regulated workers
New workplace laws due to take effect this month are set to bring non-employees who work with digital platforms like food delivery apps and in the road transport industry under the umbrella of the Fair Work Commission (FWC).
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Australian unions call for 10 days paid reproductive leave to support women dealing with menopause and perimenopause
Australian women who have menopause and perimenopause are leaving the workforce early over a lack of support, according to Australian unions. At a Senate inquiry into issues related to menopause and perimenopause, several Australian unions called for 10 days of paid reproductive health and well-being leave for women with menopause or perimenopause across the country.
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A Digital Dilemma: Workplace Cyberbullying
Most employees working remotely and from home now communicate predominantly via emails, messages and video calls. This creates an additional complexity for employers who now have to be aware of, and manage, workplace cyberbullying.
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When’s an (employment) Agreement not an Agreement? When it’s Unfair.
While most businesses focus on preparing ahead of the new Right to Disconnect commencing on 26 August 2024, many are likely to have overlooked the commencement of the new provisions dealing with unfair contract terms for independent contractors.
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Australia’s ‘broken’ childcare system blamed for cost-of-working crisis. What needs to change?
"The horrible mathematics is, for a lot of parents … the cost of care means they literally can’t afford to work,”
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Migrant workers have long been too scared to report employer misconduct. A new visa could change this
Migrant worker exploitation is entrenched in workplaces across Australia. Tragically, a deep fear of immigration consequences means most unlawful employer conduct goes unreported. On Wednesday, however, the government officially launched a two-year pilot of innovative visa reforms that could bring these workers out of the shadows.
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25 July 2024
455 of 500 CEOs surveyed (91%) advocate hybrid as the future of work.
According to new research, nine in 10 CEOs have adopted hybrid working (91%), with three quarters saying this has led to an improvement in productivity (75%) and staff retention (76%).
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The WorkWell Respect Network initiative
Funded by the Victorian State Government and delivered by WorkSafe Victoria, the WorkWell Respect Network is a new learning network that will bring workplaces together to better prevent and respond to work-related gendered violence, including sexual harassment.
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What do you do when you receive an unfair dismissal claim?
The Fair Work Commission (Commission) received 7686 dismissal claims in 2022 – 2023. As such, they remain a real threat to Australian employers. So, let's look at the process from an employer's perspective after an Unfair Dismissal Claim is filed.
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Worker’s compensation claims for psychological injury in Tasmania
Workers are entitled to worker’s compensation for psychological injuries sustained in the workplace. However, claims for psychological injuries are disproportionately the subject of disputes by employers and insurers.
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Personal fine for a reckless director is a reminder for all businesses
A Queensland materials manufacturing company and its director have faced significant fines after a worker was injured by getting caught in the rollers of a glue-spreading machine. The case reminds all directors of their exposure to personal liability if they fail to ensure that safe processes are implemented by their company and are followed by workers.
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Can a casual safety representative set their own hours?
What happens if an HSR proposes to monitor compliance or conduct an investigation outside of their normal work hours? Does the business have any say?
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Manager’s care email amounts to a privacy breach
A Managing Director’s care email to staff about a work colleague’s medical episode was found to have breached privacy laws.
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The widening gap in pay and work conditions between jobs
There's a deepening divide in Australia's workforce, with some workers enjoying generous conditions, while others like gig workers get less than the minimum requirment.
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ANZ warns unemployment could rise above 5pc as 'over-qualified' job applicants feel 'abandoned by society'
While the jobless rate has been slowly creeping higher, alarm bells are ringing about the potential for a big surge in unemployment as recruiters report seeing hundreds of applications for a single job. .
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Wage compliance requires action and diligence
With new wage theft laws and higher penalties coming into play from 1 January 2025, businesses need to adopt a safety approach to wage compliance.
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18 July 2024
Loneliness in the workplace is greatest among men with traditional views about being the breadwinner
Loneliness affects everyone at different times. Although it is well documented men are less likely than women to talk about feelings and to seek help, our research found men’s work arrangements can be a significant contributor.
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'Right to Disconnect' Checklist
To assist you with preparing for the upcoming 'Right to Disconnect' changes , a prominent law firm have prepared a useful checklist of practical steps that your business can start implementing now so that it is ready for 26 August start date.
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Officer's WHS due diligence obligations – clarification on 'reasonable steps'
Australia’s model WHS laws place an obligation on officers of persons conducting a business or undertaking (PCBUs) to exercise due diligence to ensure that the PCBU itself complies with its duties and obligations under WHS laws. Officers can be charged personally for a failure to discharge this obligation.
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NSW takes positive steps in preventing sexual and gender-based harassment within the workplace
Safe Work Australia has published a model Code of Practice: Sexual and gender-based harassment (“Code”). The Code provides practical guidance for persons conducting a business or undertaking (“PCBUs”) on how to eliminate or minimise the risk of sexual and gender-based harassment at work.
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Fair Work Ombudsman statement on CFMEU
The Minister for Employment and Workplace Relations has asked the FWO to investigate certain allegations in relation to the making of enterprise agreements. These allegations may involve conduct contravening the Fair Work Act, including adverse action, coercion, misrepresentation and/or a failure to comply with disclosure requirements of benefits under an enterprise agreement for a registered organisation.
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Beyond the office: Our guide to remote working
This useful guide from a national legal and professional services firm explain how they manage remote working.
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Workplace Investigation Shortfalls
Ensuring your workplace has sufficient investigation procedures can be the difference between the Fair Work Commission (the “FWC”) deciding a case in your favour or not.
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Building a Pro-Integrity Culture: ATO’s One Habit at a Time ‘Own It’ Resources
In partnership with The Australian Taxation Office (ATO) and Australian Public Service Commission (APSC), pro-integrity culture resources have been made available to raise awareness of integrity and accountability in the APS. These useful resources are publicly accessible.
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There are two different types of workers. Which one are you?
The jury is still out on whether being a segmenter or integrator is better for your long-term wellbeing.
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Government-backed AI chatbot to explain changing IR rules
A new, government-backed information hub promises to assist small businesses navigating the complex industrial relations landscape — while offering an artificial intelligence chatbot to handle business queries.
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11th July 2024
Uber is cutting fares before Australia’s minimum gig work standards take effect, drivers say
Uber drivers say looming cuts to fares will squeeze them even more in a cost-of-living crisis, arguing the ride-hailing giant is reducing what they are paid before new standards under the government’s closing loopholes legislation are determined.
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Surf Coast inspections raise awareness of child employment laws, businesses put on notice
Wage Inspectorate Victoria ran a child employment compliance campaign during the summer school holidays focusing on hospitality businesses across the Surf Coast.
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First Intractable bargaining order made by the Full Bench of the FWC
The Full Bench of the FWC in Transport Workers' Union of Australia v Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd [2024] FWCFB 287 recently made the first intractable bargaining workplace determination under the new provisions.
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Pay equity under the Fair Work Act - Equal Remuneration Orders
This article discusses who is able to apply for an equal remuneration order (‘ERO’), and what the FWC must consider when deciding an application for an ERO.
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The key changes to casual employment from 26th August 2024
This article neatly summarises the key changes to casual employment that come into effect on 26th August, and the penalties for getting it wrong!
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Explaining 'stress leave' and the rules around taking it
Work-related mental health conditions are rising, with time off work in these cases more than four times longer than for other injuries, SafeWork Australia statistics show.
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Why real wages in Australia have fallen while they’ve risen in most other OECD countries
Australia is now in the same league as Lithuania, Estonia and Hungary when it comes to cutting real pay, according to a new OECD report. These are the only countries where cuts in real pay – pay adjusted for inflation – have been more severe for low-paid workers than those on higher salaries.
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Recruiters and job seekers are ‘ghosting’ each other. Can we save the lost art of replying?
When you’re in the middle of a job hunt – and may have poured your heart and soul into application forms and interviews – it can really sting. So why are we ghosting each other, and what should recruiters and candidates do about it?
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Skip the fancy perks – better staff wellbeing could be as simple as the view from the office window
Recent research found returning to the office can negatively affect staff wellbeing. In particular, it can make many employees feel more stressed. So how can organisations bring employees back to the office while taking their wellbeing into account?
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Worrying signs emerge from new economic mobility report
Younger Australians experienced stagnant wages and were more likely to obtain jobs with lower educational requirements and earnings potential relative to comparably-skilled younger people in 2001. While 86 per cent of men earn more than their mothers, only 37 per cent of women earn more than their fathers.
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4 July 2024
WHS and Legal Privilege - What is it and why it is important?
This article explains what Legal Priviliege is and why it may be important to establish it promptly in matters involving workplace conduct.
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Increasing annual leave to five weeks would cost employers less than you might think
Five weeks annual leave is an idea whose time may have come. Recent deals between Ikea, Apple, Bunnings and Big W and staff have added to the number of workers with another week of annual leave.
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Western Sydney’s childcare ‘desert’ locks women out of the workforce. Universal childcare could be a game-changer
Momentum is growing for the Australian government to provide universal early childhood education and care – free or very-low-cost childcare for all families.
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Industry report examines AI productivity and jobs promise
The Tech Council of Australia (TCA) has warned reforms will be needed to address the skills gap exposed in a report mapping how the development and adoption of artificial intelligence (AI) technologies can spur Australian jobs growth.
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‘Not proficient’: Employers call for more overseas workers as Australian ‘skills gaps’ hurt productivity
Employers have delivered a brutal assessment of Aussie workers, blasting them as “not proficient” and unwilling to learn new skills.
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Changes to NSW work health and safety legislation an important reminder for organisations
Organisations in New South Wales (NSW) are set to face higher penalties than before for failing to meet their health and safety duties to their workers.
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The AI rules you should know before you start using it at work
Artificial intelligence can make meetings easier — but there are risks with AI in the workplace
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This 77-year-old is thriving alongside his Gen Z colleagues. Here's his secret to career longevity...
More people are retiring later in life. Here's how these Australians stay happy and engaged at work.
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Canberra lawyer fined after taking pants off during drinking game, dancing shirtless in front of colleagues
The well-known lawyer has been fined $20,000 and found guilty of professional misconduct by the ACT Civil and Administrative Tribunal.
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SafeWork NSW releases new strategy to address psychosocial hazards
The SafeWork NSW Psychological Health and Safety Strategy 2024-2026 establishes new supports for employers regarding their duties in preventing psychosocial harm in the workplace.
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27 June 2024
Antoinette Lattouf's unfair dismissal case against the ABC to head to trial
Earlier this month the Fair Work Commission ruled Ms Lattouf had been sacked by the ABC when she was taken off air part way through a radio presenting stint on ABC Radio Sydney last December. The journalist and presenter says mediation with her former employer has failed and her unfair dismissal case will now head towards a full trial in the federal court.
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Federal Court finds employee was not demoted due to his exercise of workplace rights
This decision highlights the nuances of adverse action claims and the evidence required to satisfy a court that adverse action was not taken against an employee for a prohibited reason.
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QLD Government issues new Workplace investigations Directive
This new directive outlines the procedures to investigate a grievance or allegation relating to the work performance or personal conduct of a public sector employee under chapter 3, part 8, division 3 (Disciplinary action) of the Public Sector Act 2022.
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AI drafting in job ads: human oversight essential to ensure social mobility inclusion
This article explains the need for awareness of the crucial role language in job advertisements can play in attracting a diverse pool of applicants, and that while artificial intelligence (AI) can expedite the drafting process, human oversight remains essential.
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The customer is always right? Beware employer responsibility for sexual harassment by clients and customers
Australia’s National Research Organisation for Women’s Safety (ANROWS) published a report on 7 June 2024, authored by a research team at the University of Sydney, finding sexual harassment in retail workplaces “is seen by workers as a routine and unavoidable aspect of daily work” and is influenced by "the “customer is always right” mantra"
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Balancing duties of care: Navigating wellbeing of students & teaching professionals
The article discusses the complex balance schools must maintain between their duty of care to students and ensuring a safe working environment for staff. It highlights a tragic case emphasizing schools' extended responsibilities and the resulting stress on teaching professionals, particularly principals, due to these demanding obligations and recent changes to workers' compensation laws in Victoria.
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Understanding the 1 July changes - new protections for union delegates
Article explaning the changes in protections and entitlements for union delegates commencing on 1 July 2024, as a result of the amendments to the Fair Work Act in February 2024.
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In disupte: Living Away From Home Allowances
This case is about a dispute in Front of the Fair Work Commission after an employee alleged he was entitled to a living away from home allowance when attending a voluntary training course after his employer argued he was ineligible for the payments.
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No homework for teachers? Navigating the right to disconnect for schools
The application of the right to disconnect has been raised by the Independent Schools Association with the FWC, urging a different 'switch off' standard for teachers.
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When an employee passes: Navigating the last pay and loss
It happens: because of illness, accident, age or misadventure. Sometimes our colleagues die at work or while employed. Such loss leaves a large hole in workplaces. Beyond that is the legal quagmire employers must navigate as part of the administration of the estate, while supporting family members through issues they may have no familiarity with.
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20 June 2024
You can now use digital statutory declarations for sick and carer's leave
Winter cold and flu season is in full swing and, with COVID in the mix too, a lot of workers may be seeking documented evidence when taking sick or carer's leave. Many workplaces will accept a medical certificate or statutory declaration. Since early this year it's possible to make Commonwealth statutory declarations using your Digital Identity, by creating a myGovID and attaching it to your myGov account.
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Melbourne Black Star Pastry employees sacked after wearing the keffiyeh at work
Two employees who were sacked after wearing keffiyehs to work at a bakery in Melbourne’s Chadstone shopping centre have launched a workplace discrimination case.
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Drum kits and kombucha: how some Australian firms are enticing Gen Z back into the office
Offices haven’t been this wacky for decades. Employers hope a new slew of incentives can boost face-to-face work
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Employer successfully rebuts presumption in adverse action claim
An employer has successfully defended an adverse action claim brought by a former employee as the court was satisfied that the employee was not dismissed for a prohibited reason.
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Commission finds inappropriate social media use formed valid reason for dismissal
In Roche v The Trustee For The Dolphin Hotel Unit Trust [2024] FWC 606, the FWC upheld the dismissal of an employee who used two online messaging platforms to criticise management and incite a negative workplace environment.
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Six-Question Checklist Before Issuing EOFY 2024 Pay Rises
Questions that employers need to ask themselves before 30 June about their employment contracts.
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Disability Support Worker fairly dismissed for leaving his shift and changing a support plan
The case is a reminder of the standards expected in positions involving responsibilities for vulnerable persons, and is relevant for healthcare professionals and business owners to consider.
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There's a $19,000 pay gap between men and women who work in the public sector
Women are paid 13.5 per cent less than men in the public sector and 21.7 per cent less in the private sector, according to the Workplace Gender Equality Agency scorecard.
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NSW’s New Industrial Manslaughter Bill: What PCBUs Need to Know
A useful summary of the most notable sections of the new NSW Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024
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Employer’s Lessons from Lattouf v ABC
The FWC finds the employer need not ‘pull the trigger but only to load the gun’
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13 June 2024
Border force apologises for failing to prevent ‘misconduct’ after reports found bullying and harassment
The Australian Border Force has apologised to its staff for failing to “prevent workplace misconduct from occurring” after two damning reports found sexual discrimination and harassment rife in the ABF.
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Sacked staff from collapsed airline Bonza chase their entitlements
Angry former Bonza employees have vented their fury after airline staff were sacked in an online meeting after two months without pay.
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Three-quarters of Australian workers think now is a good time to change jobs. This is what managers can do better to keep them
Australian workers are more likely than those elsewhere to be planning to change jobs, with 74% reporting now is a good time to look for a new position, compared to 52% globally. In addition, only 25% of workers report feeling engaged or committed to their company’s goals, according to the Gallup State of the Global Workplace 2024 report released on Wednesday.
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The states want a bigger say in skilled migration – but doing that actually leaves them worse off
State and territory governments have long wanted a bigger say in Australia’s migration system. But our latest report shows states would actually be better off if the federal government no longer allowed them to nominate which skilled migrants they want.
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‘Best practice’ workplace investigations can help Australian employers avoid potential risks
Australian employers and HR practitioners can ensure workplace complaints and investigations are handled appropriately and avoid potential reputational damage by following certain ‘best-practice’ steps.
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Millions of Australians warned not to 'double dip' on work-from-home claims for tax time 2024
Australians are being warned this tax time not to double dip on working-from-home claims, make sure they have detailed records of expenses and not to lodge their tax returns too early.
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Gen Z and millennials are changing careers and job hopping more than older generations
A 2023 study by the Royal Melbourne Institute of Technology (RMIT) estimated that one in four workers under the age of 30 were considering a career change, equating to nearly 700,000 people.
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The explosion of rights and regulation – workplace delegates
This article explores the huge recent increase in employment related rights and regulations, with many of the changes directed at entrenching union relevance.
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Proposed reforms to Queensland’s WHS laws to expand the industrial manslaughter offence
This article higlights the key changes to the WHS Act proposed to be made by the Electrical Safety and Other Legislation Amendment Bill 2024.
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Unemployment has dipped, but don’t be fooled – the jobs market is weakening
This article by Jeff Borland, Professor of Economics, The University of Melbourne explains why the devil is in the detail with Australia's current employment statistics.
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6th June 2024
Scarlett Johansson won’t save us from AI – but if workers have their say, it could benefit us all
The common theme across all groups was that workers are far better at thinking this through than pretty much anyone has given them credit for.
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ABC News staff survey reveals one in four respondents experienced workplace bullying, one in 10 were sexually harrassed
A staff survey at ABC News has found bullying is a "pervasive" issue in the workplace, especially for women, who also experience higher rates of sexual harassment at work.
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Senior staff don’t deserve to fly business, so let’s ditch the work perk
What these work travel policies overlook is the sense of resentment from staff, who are made to feel second rate, and less valued. It continues at the destination where executive staff get to stay in fancier hotels than everybody else.
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'Same work same pay', new complexity
An application can now be made to the Fair Work Commission for an order that labour hire workers must receive the same pay as a host com pany’s employees, if some criteria are met. A recent case about pay arrangements under an enterprise agreement gives an insight into the complexities that can arise.
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HR professionals are from Saturn, WHS professionals are from Mercury, so how on Earth could they ever work together?
In many organisations, human resources (and employee relations) (HR) teams and work health and safety (WHS) teams have operated like two (space) ships in the night – often working on the same projects and problems in parallel, yet unfortunately not always in complete harmony. This must change, and will, whether people like it or not.
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Same Job Same Pay – It’s Time to be Considering your Workforce Composition
As we approach the first decision relating to an application for a Same Job, Same Pay order, early signs emphasise the need for employers to be actively considering their workforce composition, and the impact such an order would have on their business.
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Why this GP wants employers to stop asking for medical certificates
Max Mollenkopf estimates he sees two or three patients each day at his GP practice in Mulubinba/Newcastle who don't need treatment but require a medical certificate for work.
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Fair Work Commission finds journalist and presenter Antoinette Lattouf was sacked by ABC
Despite the ABC claim to the contrary, the Fair Work Commission has found that Journalist and presenter Antoinette Lattouf was sacked by the ABC when she was taken off-air part way through a radio presenting stint.
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Country Road faces staff exodus over new investigations, as boss stays put
Country Road Group faces the threat of a staff exodus after the fashion retailer’s boss, Raju Vuppalapati, kept his job following an investigation into the handling of complaints of sexual harassment found more reviews of the company’s workplace misconduct policies are necessary.
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Anthony Albanese accuses Coalition of ‘secret’ plans to cut Australian wages
The opposition leader, Peter Dutton, has opened up a new front on industrial relations by committing to repeal right to disconnect laws and, in his budget reply, promising to “remove the complexity and hostility” of Labor’s laws, including changes to the definition of casual employment.
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30 May 2024
University of Queensland underpaid casual workers by nearly $8 million over seven years
The University of Queensland has sent an email to staff apologising for the mistake, which it said related "to the minimum hours of engagement for casual academic and casual professional staff and the use of a different pay rate for casual academic staff with a relevant PhD".
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The LEGO Group ties employee bonuses to emissions reduction targets
The announcement was made via a social media post, underpinning the LEGO Group’s commitment to a 37% reduction of its greenhouse gas emissions by 2032 and target to reach net zero by 2050.
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HR Expert Reveals the Key Benefits of “Chronoworking” and How It Positively Impacts Businesses
Searches for “chronoworking” have increased +600% year on year as employers and employees alike seek the benefits of working around individual circadian rhythms as opposed to a standard 9–5.
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Deloitte survey: 38% of Australian employees use AI at work, up 20% in past year
While it may surprise some people that almost 40% of Australian workers are using AI, we are lagging behind our regional counterparts.
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Generous perks equals happy workers? Not always. Here’s what employees really want
A job with assorted incentives sounds appealing. But what kinds of benefits actually support employees, and thereby employers? You might think the larger the package, the happier the worker – but this isn’t necessarily the case. There is no clear evidence employees’ satisfaction is highly correlated with the size of the benefits package.
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Stand by for a pay rise on top of a tax cut
Next Monday the Fair Work Commission will announce the increase in award wages due to take effect four weeks later on July 1. The government wants at least the rate of inflation for workers on low pay. It has asked the commission to ensure the “real wages of Australia’s low-paid workers do not go backwards”.
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Country Road Group investigates handling of sexual harassment complaints
Country Road Group has launched an independent investigation into its handling of alleged sexual harassment and bullying of its staff, which the fashion retailer said it has zero tolerance for.
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What Makes a Genuine Redundancy Genuine?
If an employer can prove that a dismissal was a case of genuine redundancy, they will have a jurisdictional defence to unfair dismissal claims before the Fair Work Commission (the “FWC”). If any of the requirements are not met, the dismissal will not be a genuine redundancy, it remains open for the FWC to find the dismissal unfair. A recent case before the FWC explored how there’s ‘more than one way to botch a redundancy’.
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Loose Lips Sink Ships: Badmouthing the Boss Deemed a Sackable Offence
A bar supervisor at a Sydney hotel had her employment terminated after venting on a Facebook group chat about management. This was deemed a valid reason for dismissal by the Fair Work Commission (FWC). This article outlines some key takeaways for employers.
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Australia’s assessment of non-compete clauses could hold major implications for employers
If, as seems likely, the federal government moves forward to propose legislative changes later this year to regulate, restrict or ban post-employment restraints of trade, possibly with an effective date in late 2024 or early 2025, there will likely be significant impacts for many employers, particularly those who make use of contractual non-competes, non-solicitation clauses and non-disclosure - that is, confidentiality - clauses.
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23 May 2024
One in eight Australian workers quit during probation new research reveals
Improving productivity is a top priority for Australian businesses in 2024, but lack of employee engagement is the top barrier holding productivity back
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First Impressions Matter: Almost 70% of Australian Workers Abandon Job Applications Due to Complicated Recruitment Processes
This alarming trend, where potential employees are disengaging from companies during, and sometimes before, their recruitment journey, poses a significant issue for employers operating in today’s extremely tight job market.
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Employee vs Contractor: High Income Threshold Changes
This article provides a very useful summary of the changes in the legal framework relating to the use or employment of contractors, which become effective from August 26, 2024.
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Accenture warned of ‘$40m back-pay risk’ for overtime
Former Accenture employee relations head Donna Young is suing the professional services firm over her dismissal earlier this year for allegedly shutting down a review into non-compliance relating to overtime, following claims of a $3 million liability. Ms Young denied shutting down the review and said she had been warning the firm about it's approach to overtime for four years.
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Commission confirms inappropriate touching constituted sexual harassment warranting summary dismissal
In Tamaliunas v Alcoa of Australia Limited [2024] FWC 779, the Fair Work Commission (FWC) was required to consider the unfair dismissal application of an employee who was summarily dismissed from his employment for sexually harassing a female colleague.
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Employers delay sinks bid for injunctive relief
When seeking to enforce a restraint, it is important that employers seek to enforce the restraint in a timely manner to prevent future or an ongoing breach. Any delay will be considered by the courts when assessing whether it is reasonable to enforce the restraint.
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Benefits of contemporaneous notes in legal proceedings
Contemporaneous file notes can be used as documentary evidence to corroborate direct oral evidence of a fact. They can be extremely useful in a variety of different situations, including disciplinary, bullying or discrimination issues in the workplace, as they are generally regarded as a more accurate record of events than oral evidence given months or years after the events.
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Senior Employees Personally Liable for Involvement in $3.89 Million Underpayment Penalty Case
In a recent penalty decision arising from a FWO prosecution, a prominent international restaurant chain has been fined more than $3.89 million for underpayment and breach of payroll obligations. The General Manager and HR Manager were also both ordered to pay significant penalties for their roles in the payroll scam.
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Unraveling the unknown of wage underpayments
How do wage underpayments actually occur? They’re rarely deliberate. Let’s take an aspect of the Commonwealth Bank Group’s recent underpayment case as an example.
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Unions and ‘Free-Riders’: avoid getting caught in the crossfire
For years now, union leaders have publicly decried the concept of ‘free-riders’. The pejorative term is used to describe employees who receive the benefits of an enterprise agreement, despite not being members of the union that bargained for it. This article discusses if and how unions will try to address their ongoing ‘free-rider’ concerns through enterprise agreements in light of the recent changes to the FW Act.
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16th May 2024
Why it’s harder to sack bad workers
HR managers say they are finding it increasingly difficult to dismiss employees even when they have fair and valid reasons because of provisions protecting staff who exercise workplace rights.
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Two-year post-employment restraint found to be unreasonable
A recent decision of the Magistrates Court of South Australia (the Court) provides an indication as to how difficult it can be to enforce a post-employment restraint if it goes beyond what is reasonably necessary.
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Federal Court dismisses appeal against mobile phone right of entry refusal
The Federal Court of Australia (FCA) dismissed the employer’s appeal against a decision which found it had breached sections 501 and 502 of the FW Act by refusing entry to a union official and preventing him from exercising their right of entry because he sought to enter with a mobile phone.
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Draft Model Delegates’ Rights Term
One of the most controversial changes coming out of the Closing Loopholes legislation is the newly enshrined rights and protections for workplace (union) delegates representing employees in the workplace under the Fair Work Act.
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Canberra massage business fined nearly $1m for threatening and underpaying migrant workers
A Canberra massage business where workers were underpaid and told their families overseas would be killed if they complained has been fined nearly $1 million.
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Hangover at Work: A Fireable Offence?
In a recent case before the Fair Work Commission, the employer sent an employee home for presenting as hungover on shift, subsequently dismissing him for a breach of their drug and alcohol policy which stated that an employee was not to be intoxicated on shift and should refrain, as an example of bad behaviour, from engaging in extended drinking the night before a shift.
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Open Minds signs Enforceable Undertaking
Disability support charity Open Minds Australia Limited has back-paid staff about $4.2 million after breaching its own collective agreement and has signed an Enforceable Undertaking (EU) with the Fair Work Ombudsman.
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Managing unconscious bias in the workplace
This APSC article highlights common types of unconscious bias and how to combat them.
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Should you hire for equity or for excellence?
Should the focus of recruitment be on ensuring fairness and inclusion, or on securing the highest level of individual talent and achievement – and is there a way to hire for both?
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Changes Coming to the Points Test System for Skilled Migrants
The federal government has signalled its intent to overhaul the points test system for skilled migrants, a decisive factor in determining who gains entry into Australia, amid a strategic move to scale down immigration figures.
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9 May 2024
Unions torn on four-day work week agreement for thousands of Woolworths staff
Shop Distributive and Allied Employers Association NSW secretary, Bernie Smith, said delegates supported a four-day week proposal in the new Woolworths enterprise agreement. However, the Australian Workers Union and the Retail and Fast Food Workers Union (RAFFWU) have not yet signed off on the agreement, and their secretary Josh Cullinan said the proposed enterprise agreement won't help the vast majority of its part-time workers.
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Increased protection for temporary migrant workers
The Migration Amendment (Strengthening Employer Compliance) Act 2024 received royal assent on 20 February 2024 and commences from 1 July 2024. These changes are being introduced to try to curb temporary migrant worker exploitation and hold employers who conduct themselves this way accountable.
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I spy: Can employers monitor their employee’s use of company property?
This article considers the case of Madzikanda v Australian Information Commissioner [2023] FCA 1445, which examines whether monitoring an employee’s use of company property breaches the Privacy Act 1988 (Cth) (Act).
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Risks considerations associated with businesses utilising third party AI products
Businesses are increasingly looking to use AI solutions to improve existing processes, create new business propositions and remain competitive, but in buying the technology they need to consider what internal and external controls they can exert over their use of those systems.
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Three ways Aussie businesses can stay ahead of the changing IR laws
Whether you’re running a small business that’s running out of hands or a large enterprise struggling to have eyes over your whole operation, here are three ways to safeguard your company and always stay one step ahead of the game.
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Managing Multiple Roles in Employment
This article briefly explains the requirements to safely employ the same person in two different roles.
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Balancing the scale – the weight of expert medical opinion in workers compensation cases
The recent decision of Deputy President Snell in BGV v Waverly Council [2024] NSWPICPD 2 (11 January 2024) considered the weight to be given to medical evidence and confirmed the application of Paric v John Holland Constructions Pty Ltd [1985] HCA 58; 59 ALJR 844 (“Paric”).
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Contracts or Onboarding: Determining Employment Commencement
In a recent unfair dismissal case, the Fair Work Commission (the “FWC”) faced the question of whether the applicant had ever commenced employment and, if so, when.
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Will checking character references really help you find the best candidate for a job?
Finding the best person to fill a position can be tough, from drafting a job ad to producing a shortlist of top interview candidates. Nearly every employer does reference checks, but research suggests there are important limitations worth keeping in mind.
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Unstable employment while you’re young can set you up for a wage gap later in life – even if you eventually land full-time work
Casual employment and underemployment often go hand in hand. But just how common are these experiences during Australians’ early careers, and what effect do they have on their future wage prospects?
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2 May 2024
Super Retail Group Goes On The Offensive In A$50 Million Lawsuit Against CEO
Brisbane-based retail giant, Super Retail Group, has issued a scathing statement defending itself against a lawsuit alleging that its CEO and group managing director Anthony Heraghty had an undisclosed relationship with the company’s former chief human resources officer Jane Kelly.
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Underpayment of Wages Fair Work: Australia Ombudsman scores huge penalty over $4 Million against Employer
This case demonstrates the potential trouble that some Employers may come across if wage reviews and wage audits are not undertaken to ensure correct payment of wages. It also shows all Employers and HR what the wage theft laws might look like and who may be prosecuted which includes Directors, managers, payroll, consultants and HR.
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NSW worker’s compensation win after dog attack while working from home
The decision seems to points to the home being considered a workplace during working hours if a worker is permitted to work from home. This is an important consideration in the context of proving that an injury arose during the course of employment, as the location of an injury is one major factor in determining this.
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FWC finds early notice of end to fixed term contract amounts to dismissal
Employers should avoid ‘jumping the gun’ when deciding on the non-renewal of fixed term contracts that could ‘sever’ the employment relationship.
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Relevant contractor payroll tax provisions extended to financial services
In this recent case the NSW Supreme Court held that mortgage brokers were deemed employees under the relevant contractor provisions. The Court also classified a mortgage aggregator as an employer who was liable for payroll tax on commissions paid to mortgage brokers.
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Australia’s core skills occupations list under review
Jobs and Skills Australia (JSA) is currently reviewing the Core Skills Occupations List and inviting employers and industry groups to share their feedback on the draft lists. This is an important process for implementing the Migration Strategy released last year. Employers using the employer sponsored visa program are encouraged to consider making a submission before 31 May 2024.
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Working every Sunday doesn’t mean you get an extra holiday – clarifying the definition of 'seven day shiftworker'
The Fair Work Commission recently found that dairy workers are not 'seven day shiftworkers' even though they work on weekends, if they do not work regular shifts rotating across all seven days. This decision is important, because in clarifying the ambiguous meaning of 'seven day shiftworker' it also clarifies who is entitled to an additional week of annual leave under the National Employment Standards (NES).
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The EU AI Act regulates how employers can use AI systems to support the recruitment of new staff or internal decision-making
The AI Act will introduce new obligations for producers, deployers, importers and distributors of AI systems under a new risk-based system of regulation. The most stringent regulatory requirements will apply to AI systems that can be classed as ‘high-risk’ AI systems.
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One in seven people admit to using tech to sexually harass colleagues at work, new data shows
More than 3,000 people across the country were surveyed, with men more than three times more likely to harass their colleagues using work email, social media and text. Perpetrators frequently admitted to doing this to humiliate and frighten their targets, rather than out of any desire to engage in a sexual relationship with them.
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Woolworths fined $1.2 million for underpaying Victorian workers' long service leave
Woolworths admitted in a Melbourne court last week it had short-changed at least 1,227 Victorian employees up to $1.24 million due to an error in its payroll system, which went undetected for years. The underpayments ranged from a few hundred dollars up to $12,000, and occurred over multiple years.
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25 April 2024
When does a dress code become 'unreasonable'? Here's what your boss can and can't ask
The newly legislated 'right to disconnect from work' has sparked much discussion around workers' rights in Australia. But when it comes to how you look at work, do you know what your employer can ask of you?
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Can you dismiss an employee who fails to return to the office?
This article from a law firm looks at two different unfair dismissal claims at the FWC after employees were terminated after refusing to work from the office.
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Full Federal Court rejects employers bid to quash decision which found employees were not genuinely redundant
In this decision, the Full Federal Court clarified the definition of 'genuine redundancy' and stated that employers must consider whether employees can be redeployed to positions which are not currently available but may soon become available.
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Navigating Workplace Gender Equality and WGEA reporting
The WGEA was created as a vital entity in fostering and promoting gender equality within Australian workplaces. Overall, Australian employers have made progress, but there is still plenty of work to be done.
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A quick look at the scope of the new criminal wage theft offence…
Whilst non-payment of superannuation was initially excluded from the new wage theft provisions, a last minute deal with the Greens secured amendments to extend the new offence to unpaid superannuation.
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Fixed term employment contracts: ‘fixing’ the requirements
This article looks at a recent Fair Work Commission decision which considered whether an employee is ‘dismissed’ when their fixed term contract ends..
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Obligations For Employers Under The Respect@Work Act: A Positive And Proactive Approach
This article looks at a landmark judgment in the Federal Court regarding sexual harassment in the workplace; provides a brief reminder of the changes to the sexual harassment laws, and key takeaways for employers.
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Commissioner apologises after Border Force review finds widespread sexual harassment and discrimination among marine ranks
Australian Border Force Commissioner Michael Outram has apologised to female staff within the ABF's marine unit, after a review found widespread sexual harassment and discrimination within it. A workplace review of the marine unit has found harassment and discrimination are so widespread, "immediate intervention" is needed to make it safe for the women working there.
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Feel like what you do at work goes unrecognised? You’re not alone
In fact, 61 per cent of us don’t feel like we are being recognised for the work we do, and more than a third (34 per cent) of us believe their relationship with their manager is merely transactional.
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Keeping up with Paid Parental Leave Changes
Paid Parental Leave has been a hot area for reform in recent years. With the recent passing of the Paid Parental Leave Amendment (More Support for Working Families) Act 2024, it is an opportune time to ensure you are up to date in respect of prior amendments, aware of the new reforms, and prepared for future change.
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18 April 2024
Work from home rights will fuel tension in the workplace, AHRI warns
The Australian Human Resources Institute made the unusual intervention in the Fair Work Commission’s review of awards to oppose the incorporation of a work-from-home right on grounds it would lead to splits in the workplace and more disputes.
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Is this the end for non-compete and non-solicit provisions in employment agreements?
The Government has launched a public consultation process to determine whether additional regulation is required in relation to the ongoing use of non-compete and other restrictive covenants (including non-solicit, non-disclosure, no-poaching, and wage-fixing agreements).
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Redundancy vs redeployment: avoiding unfair dismissals
Although employees may be dismissed in cases of "genuine redundancy", to avoid unfair dismissal claims employers should take care to consider other available options before making employees redundant. The Full Federal Court recently interpreted and clarified the definition of "genuine redundancy" ...
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Australian solar energy sites face increased scrutiny over workers' health and safety
A recent media report addressing major safety concerns for workers on large scale solar farms in Australia has highlighted the need for the renewable energy industry to be proactive about its work health and safety (WHS) responsibilities.
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WA teachers set to strike next week as union rejects latest pay and conditions offer
WA's teacher union rejects a second pay and conditions offer from the state government, stoking concerns of interruptions at schools as the union threatens to forge on with a potential strike on Tuesday next week.
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The post-reform workplace: new trends, challenges and opportunities
Corrs’ Employment & Labour team has identified what it sees as the significant issues and trends employers would be well-advised to prepare for.
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The changing tide: understanding human rights for business
This article discusses recent regulatory trends requiring businesses to manage and disclose their impacts on human rights and consider how evolving business and human rights regulation globally will impact on Australian businesses.
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Responding to flexible work arrangements – getting the expanded rights ‘right’
Employees have always had rights to request flexible work arrangements under the Fair Work Act. However, changes to the flexible workplace arrangement regime came into effect in June 2023, which not only expanded employees’ rights to make such requests, but also opened the door to refusals being the subject of arbitration in the Fair Work Commission.
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Early wayfinding in the intractable bargaining framework
New intractable bargaining framework provisions represent one of the most fundamental shifts to the industrial relations landscape in decades, as there is now a realistic alternative to impasse or agreement – with a readily accessible pathway for the Fair Work Commission to determine bargaining outcomes. The Commission’s approach to its new powers is important for all employers who engage in enterprise bargaining to be across.
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Nurse awarded $1.6 million compensation after violent patient assault
The 2023 decision in Wilson v Gold Coast Hospital and Health Service sheds light on the employer's duty of care to its employees and the consequences of failing to meet that duty, particularly in high-pressure environments like healthcare.
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11 April 2024
Mitigating and Managing Psychosocial Risks: Small Business Employer Obligations
Recent legal cases and legislative changes in Australia underscore the importance of managing psychosocial hazards. The High Court’s decision in Kozarov v State of Victoria [2022] HCA 12 highlighted an employer’s duty to manage mental health risks inherent to an employee’s job.
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Bullying prosecution leads to conviction and fine for company and its director
WorkSafe Victoria was recently successful in its prosecution of a printing company and its director for breaches of the Occupational Health and Safety Act 2004 (Vic) (OHS Act) for the bullying of a subcontractor.
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Australian small businesses facing insolvency may have redundancy pay obligations
A recent change to legislation, which took effect in December as part of the federal government’s ‘Closing Loopholes’ changes to the Fair Work Act, means small business employers – that is, employers of fewer than 15 employees – are required to pay redundancy pay in some situations where they are facing insolvency. Before this change took effect, Australian small business employers did not have any obligation to pay redundancy pay in any circumstances.
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Rethinking BYO electronic devices under right to disconnect laws
In light of the new right to disconnect laws, this article looks at some of the pros and cons of employees using their own smartphone for work.
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Companies are trying to convince staff to stop working from home, and the office perks are getting creative
Employers are stepping up their game to entice staff back into the office. But, not all perks are created equal, with some — like offering a longer holiday — proving more effective than others.
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Service station chain OTR denied 1,500 staff $2.3m in entitlements, Fair Work Ombudsman says
Service station giant OTR has agreed to pay back - or credit - $2.3 million in annual leave entitlements to 1,500 current and former employees in South Australia, Victoria and Western Australia after a Fair Work Ombudsman (FWO) investigation.
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Office gossip isn’t just idle chatter. It’s a valuable - but risky - way to build relationships
Gossip flows through the offices and lunchrooms of our workplaces, seemingly filling idle time. But perhaps, through these ubiquitous and intriguing conversations, we are influencing our workplace relationships more than we realise.
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4th April 2024
From dance instructors to boilermakers: Labor says non-compete clauses are holding back wages
Assistant Minister for competition, Andrew Leigh takes aim at ‘agreements between competitors’ not to poach workers, saying regulating the practice could lead to bigger pay rises.
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First successful SafeWork NSW prosecution for discriminatory conduct under the WHS Act
Employers will be familiar with Australia’s anti-discrimination laws. However, a lesser-known protection that often falls under the radar is in the anti-discrimination provisions of work health and safety legislation.
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Overstepping boundaries: can you be dismissed for exceeding your duties?
A New South Wales employee recently challenged their termination after their employer alleged repeated disregard for company processes and designated roles.
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Maximise the benefits of conducting forensic / investigative due diligence on employees
Hiring an employee who conceals background information critical to hiring decisions is a reoccurring issue that employers often discover only when it’s too late. In this podcast employment law specialists explore the forensic aspect of background checks.
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What is a digital nomad visa and which countries offer them? Here's a breakdown plus the barriers for entry
Once something that seemed unattainable, the digital nomad lifestyle has become more mainstream thanks to the remote work boom in the wake of the COVID-19 pandemic. Now more than 40 countries offer digital nomads remote work visas and they often last a year or longer.
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How is Artificial Intelligence the way of the future for Lawyers?
With news that an increasing number of law firms are using artificial intelligence to assist with drafting advice, it begs the question of how artificial intelligence will change the legal industry.
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6 Factors for Understanding “Reasonableness of Refusal” Under Australia’s Right to Disconnect Law
This article delves into what constitutes reasonableness of refusal and offers guidance for HR teams to implement this principle effectively.
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Australia’s regulatory super-squad says it wants to be friend, not foe, to SMEs
From their different vantage points, the assembled regulators had a unified message: small businesses should reach out for advice, guidance, and support before they are required to take compliance action.
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Business wants pay rises for Australia’s lowest paid workers limited to 2% – but what about executives?
As business groups increase calls for wage restraint for Australia’s lowest paid workers, their voices turn largely silent when asked about their own executive pay plans.
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28 March 2024
The push against wage rises has begun again – it’s an argument for Australia’s poorest workers to become poorer
What did the RBA governor, Michele Bullock, say when she was asked a leading question about the impact of a 23% wage rise for aged care workers on inflation?
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Government pushes for minimum wage increase to keep pace with inflation
The government says its tax cuts were designed to be in addition to a wage improvement, not a substitute, as they call for the minimum wage to keep pace with inflation to ensure real wages do not go backwards.
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Enforcing restraints of trade: Three month delay dooms employer's case
A recent high profile decision has highlighted that time is of the essence for employers seeking to enforce restraint of trade provisions against former employees, with a three-month delay in commencing proceedings deemed sufficient to thwart an employer’s application for interlocutory relief.
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Two in five Australian SMEs admit to payroll errors, as wage theft criminalisation looms
Almost 40% of small Australian businesses admit to making a payroll error in the past two years, data from workplace management platform Rippling shows, exposing the compliance challenges facing local businesses ahead of new wage theft criminalisation rules.
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Injured workers - what medical evidence is needed to get a job back?
Part 8 of the Workers Compensation Act 1987 (NSW) allows workers who are dismissed as the result of a work-related injury to seek reinstatement (or reemployment) within two years. In the first instance, an application is made to the employer. If the employer declines, an application may then be made to the Industrial Relations Commission of New South Wales.
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CFMEU penalised for breaching right of entry laws
The Federal Court has imposed a total of $44,500 in penalties against the CFMEU and one of its officials for unlawful conduct at a construction site in Adelaide.
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Building and construction labour-hire company in court
The Fair Work Ombudsman has commenced legal action against a labour-hire company operating in the building and construction industry, as well as the company’s director and payroll manager.
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The post-reform workplace: new trends, challenges and opportunities
The next 12 months are shaping up to be full of challenges and opportunities in many workplaces, following two significant rounds of workplace reforms in the last 14 months. Meanwhile, other trends impacting workplaces include growing economic headwinds, a stabilisation in hybrid work and technological developments including artificial intelligence (AI).
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The regulatory connections involved in enacting the Right to Disconnect
There are those who have lauded the introduction of a statutory Right to Disconnect and opined that in general terms, it won’t be a significant issue and not much will change when the new workplace right comes into effect on 26 August 2024 (or 26 August 2025 for small business employers and their employees). But how true is that?
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Non-compete clauses in employment contracts – is time up?
In Australia, momentum is gathering to follow the overseas regulators’ lead. Treasury’s Competition Taskforce’s review will consider non-compete and related clauses, with an intent to increase competition and productivity. A consultation paper is likely to be released in April.
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21 March 2024
Coles pay offer labelled ‘insulting’ as staff say they can’t afford to shop at own workplace
Some Coles workers say an offer from the supermarket giant of in-store gift cards if they vote to accept a new enterprise agreement is “insulting”, and the agreement doesn’t give them a meaningful pay rise despite the company’s increased profits.
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Employer found liable for workers compensation despite worker’s unreasonable perceptions
A recent decision of the New South Wales Personal Injury Commission (NSWPIC) serves as a reminder of the differing standards of proof when determining liability for claims of bullying and/or harassment under workers compensation laws and the Fair Work Act 2009 (Cth).
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FWO secures penalties against bar operator and external accounting firm for failure to keep records
In Fair Work Ombudsman v J.D. Chapel Nominees Pty Ltd (in liq) [2024] FedCFamC2G 85 the Federal Circuit and Family Court of Australia (the Court) recently made orders requiring the Director and the General Manager of several hospitality venues to pay penalties for not keeping employee records.
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India's former high commissioner to Australia must pay penalty to domestic worker who earned less than $10 a day for a year's work
The former Indian high commissioner to Australia has been ordered to pay a penalty of almost $100,000 to a former domestic worker, who he had paid less than $10 a day for more than a year's worth of work. The penalty comes on top of a previous order to repay the worker about $136,000, plus interest, for work she completed at the then-high commissioner's residence in Canberra.
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Jobs surge sees unemployment rate tumble back to 3.7 per cent
A shock surge in employment last month has seen the unemployment rate tumble back to levels not seen since September last year. The unemployment rate has dropped back to 3.7 per cent with more than 116,000 extra Australians in employment last month, compared with January, according to seasonally adjusted data from the Australian Bureau of Statistics (ABS).
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Rachel was sexually harassed in her workplace, but she was the one who had to leave her job
For three years, Rachel* was allegedly stalked and intimidated by a male colleague. She reported his actions to the company's management, but her perpetrator's life remained largely unchanged. He kept his job and maintained an untarnished reputation, whereas Rachel was encouraged by employment lawyers and union leaders to leave the organisation and seek work elsewhere.
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Millions of Australians have a chronic illness. So why aren’t employers accommodating them?
Our research found 73% of people believed their chronic illness was at least partially caused or worsened by their job. Almost one in five people believed work entirely caused or worsened their illness.
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‘Just a mum’: pregnant women and working parents feel overlooked and undervalued in the workplace
Pregnant women and workers with children are often unfairly treated by their bosses and colleagues, despite laws to protect against workplace discrimination in Australia, according to a new study.
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Companies vying for government contracts could soon have to meet gender targets. Will we finally see real progress?
Under proposed procurement policy changes announced earlier this month, large companies that wish to bid for government contracts will first have to meet some gender equality conditions. How exactly will these measures work across Australia’s huge private sector, and what kind of an impact could they have?
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Why the RBA's 3.7% unemployment figure is misleading
The Treasurer says when an economy's operating at full employment, workers should be getting the hours they want, with fair pay. It shouldn't take long for people to find a job, or to switch jobs. Long-term unemployment should be minimal, and barriers to youth employment should be few. Clearly that is not the case.
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14 March 2024
Negligent bosses in NSW to face 20 years in jail for industrial manslaughter
NSW Industrial Relations Minister Sophie Cotsis has said she will bring in new industrial manslaughter laws which will significantly increase penalties for negligent employers. The move comes after 263 workers died on worksites between 2017 and 2022. In 2023, 41 workers died doing their job in the first six months of the year.
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Jobseekers asking more questions about gender pay gap after WGEA data
Recruiters say the publication of large employers’ gender pay gaps has already affected job candidates’ behaviour in the labour market, encouraging some to ask more questions about prospective employers’ pay gaps and others to consider quitting their jobs.
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Australian women are chalking up some wins in the workplace – yet our male leaders remain out of touch
Do the men running most businesses even understand the contribution women make to the economy?
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Fair Work Commission rejects argument that an unwritten employment agreement existed concurrently with a written director agreement
Earlier this year, the Fair Work Commission dismissed a general protections application on the basis the applicant was solely a director – and not an employee. Consequently, the applicant could not have been “dismissed” as that term is defined within the Fair Work Act 2009 (Cth) and his general protections claim failed.
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‘He said, she said’ in workplace investigations - Can you make a finding without evidence?
When it comes to workplace investigations, few things are as difficult to get right as a ‘he said, she said’ scenario. Picture this: two people present completely different stories about an allegation of sexual harassment, with no witnesses to corroborate either account. There's always more to the story, but uncovering the complete picture requires a nuanced approach.
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Near $100,000 penalties for Toorak mortgage broking business and manager
The Fair Work Ombudsman has secured $99,900 in penalties in court against a Melbourne mortgage broking business and its manager for failing to take steps required to backpay workers.
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Childcare and transport 'deserts' are creating a $20,000 postcode gap for Western Sydney women
Women earn less than men in almost all areas, but in Sydney, women out west are losing out on an average of $20,000 a year compared to their inner-city counterparts, and it's all because of where they live.
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Menopause costing thousands of women tens of thousands of dollars in lost super
Women who are unable to continue working due to menopause and are forced to retire five years early, could forego as much as $60,000 from their retirement nest egg.
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Ever been on a lousy leadership course? Good leadership training needs these 5 ingredients
Many of us have done leadership training for work, come back to the office and thought: “That was a huge waste of time”. Or returned with the best of intentions but realised, six months on, we never actually used any of skills we learned on the course.<
So, what makes leadership development programs effective?
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2024 could be the year the Fair Work umpire properly values women’s work – here’s how
With recent changes to the Fair Work Act, the Fair Work Commission has been given the tools to address the undervaluation of women’s work. If it uses these tools to their full potential, 2024 will be a landmark year in the genuine achievement of equal pay for equal work.
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7th March 2024
Autistic people held back by job interview questions - report
Ambiguous interview questions and application forms are keeping autistic people out of work, a report has found.
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Victoria to limit WorkCover compensation for stress after deal struck with opposition
Under the changes, workers suffering stress and burnout will no longer be able to access weekly WorkCover benefits. They will instead be eligible for 13 weeks of provisional payments to cover medical treatment, along with access to enhanced psychosocial support services.
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Gender pay gap data to drive where super funds and governments spend their money
Recently released gender pay data will increasingly be used as governments and superannuation funds make decisions about where to invest and which suppliers they use. Firms with high pay gaps are on notice to improve or face tough questions.
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How to sponsor overseas workers in Australia
Sponsoring employees from overseas to work in Australia can be a beneficial way to address skill shortages and bring unique expertise to the country. However, employers looking to sponsor overseas workers should be aware of several challenges that can arise during the process...
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Tripwires of flexible working arrangements
Changing attitudes and legislation means we are likely to see more legal disputes in 2024 concerning working from home arrangements. For this reason, it is important to be aware of the potential tripwires which may arise...
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Know the new workplace laws, FWO urges
Now that the ‘Closing Loopholes’ changes have now received Royal Assent after passing the Parliament in February, the Fair Work Ombudsman is encouraging workplace participants to get educated and compliant with the further changes to workplace laws, or risk facing the new significantly higher penalties.
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Worker required to have a third dose of COVID-19 vaccine awarded workers compensation following adverse effects
After initially having his workers compensation claim declined, the South Australian Employment Tribunal has awarded a public servant with weekly payments of income support and medical expenses after suffering post-vaccine pericarditis following a third dose of a COVID-19 vaccine, which was required under emergency management directions to enable him to work for his employer. The Tribunal was readily satisfied that the injury arose in the course of employment, and dismissed the argument of the State that they were shielded from liability due to the Emergency Management Act (SA).
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Reckoning by records - injurious falsehood claims by disgruntled employees
This article discusses the importance of record-keeping and other governance practices for employers in the context of tortious claims against aggrieved former employees. In doing so, the authors reveal the importance of robust record-keeping and its capacity to allow employers to reckon with disgruntled employees early, before court proceedings are required.
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Bullying at work – your workplace rights
This article explores what behaviour constitutes bullying under the Fair Work Act 2009 (Cth) and explains the formal complaint pathway to apply to the Fair Work Commission for an order to stop bullying at work..
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Super to be added to paid parental leave from next year
Labor will move to pay super on government-funded paid parental leave after the next election.
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29 February 2024
Which big employers have the largest and smallest gender pay gaps? New data reveals all
The gender pay gap — the difference between what men and women are paid in the same organisation — is a stubborn problem. Now, explosive new data from a government agency lets 5 million workers know the gap at their employer.
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The companies that take lots of money from women, but don't give so much back
How can brands that market to women, sell to women, exist on the goodwill and support of women, pay them so much less than men?
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Managing unconscious bias in employment decisions
The Surpeme Court, the Court of Appeal of Victoria has confirmed that a court or tribunal can make a finding of unintentional discrimination or unconscious bias under the Equal Opportunity Act.
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Burke hoses down fears that Canberra is seeking a blanket WFH right for award workers
The Fair Work Commission (FWC) is not asking whether award workers should have the blanket right to work from home, and lawmakers are not currently seeking that right, claims Workplace Relations Minister Tony Burke.
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Hourly gender pay gap is highest for Managers
Australian Bureau of Statistics (ABS) media statement.
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Is the age of paid overtime dead?
Overtime is an increasingly vexed issue, with some workers pushed to the brink by unreasonable unpaid work. But how many additional hours are too many? When should employees be paid for extra work?
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Evolution of Contractor Agreements – a return to a Multifactorial Approach
The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 introduces significant amendments to the Fair Work Act 2009, including a pivotal section that redefines the criteria for distinguishing between employees and contractors based on the actual nature of their working relationship.
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Options if you need a medical certificate for sick or carer's leave
Shae McCrystal, a Professor of Labour Law at the University of Sydney Law School, specialises in employees' rights and responsibilities and advises workers to make sure they are familiar with their enterprise agreements and industrial awards.
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‘We’ve seen the culture change’: how one Australian work site increased its female workforce fivefold
Kimberly-Clark’s toilet paper mill was looking down the barrel of a 100% male workforce when they decided to shake up their strategy – and culture.
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What does Queensland’s Covid-19 mandates ruling mean for other vaccines and other states?
The state’s supreme court found the vaccine rules for police were unlawful and those for paramedics were ineffective. Here’s what the judgment means
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22 Feb 2024
Working from home is producing economic benefits that return-to-office rules would quash
In April last year, female unemployment fell to what is almost certainly an all-time low of 3.3%. WHY? WFH!
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Australia records 4.2% annual wage growth, outstripping inflation for the first time in three years
Treasurer says highest annual growth since 2009 ‘encouraging’ but expresses concern over non-compete clauses for employees.
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Employment growth slows but wages set to rise in 2024, say HR professionals
Employment intentions are at their lowest levels in at least a year, but businesses are not yet planning mass lay-offs and are expecting to pay workers more in a bid to retain the staff they do have.
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How to appeal a Fair Work Commission decision
This article briefly explains the possible grounds for appealing a Fair Work Commission decision and the process for appealing the decision.
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Update: Industrial manslaughter offences across Australia
This article provides an overview of the status of industrial manslaughter legislation in each of Australia’s States and Territories.
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Fulfilling the positive duty to prevent sexual harassment: Guiding principles
This article unpacks the guiding principles from the Australian Human Rights Commission to assist employers in reviewing and implementing measures to fulfil their positive duty to prevent workplace sexual harassment.
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Can my employer cancel approved annual leave?
Imagine you have booked annual leave, paid for flights for your holiday, and then received notice from your employer that they are cancelling your approved leave...
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FWO secures record $10.34 million penalties against Commonwealth Bank and CommSec
The penalties were imposed after CBA and CommSec admitted multiple breaches of the Fair Work Act, including some ‘serious contraventions’ committed knowingly and systematically, which attract a tenfold increase in applicable maximum penalties.
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Investigating the investigators: Unmasking the Flaws in Workplace Investigations
The Fair Work Commission has delivered a judgment about a workplace investigation which was conducted by a law firm, and relied upon by an employer to terminate. The Commission recorded various problems with what transpired which are important reminders for employers to consider.
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Workplace Law Breaches a Recipe for Big Penalties to Republic of Italy
In a recent decision the Fair Work Commission ordered the Republic of Italy to pay a penalty of $94,000, compensation of $6493, interest of $1074, and legal costs to an employed administration assistant for breaches of workplace law. The case is a reminder of the importance of complying with workplace laws and responding quickly and effectively to concerns about non-compliance.
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15th Feb 2024
Does the right to disconnect fit the bill?
It’s official. Australian employees have been granted a legal right to disconnect. The Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 (the Bill) has successfully passed through both houses of Parliament. This new legal right to disconnect is a divisive change, with businesses expressing concerns it is unnecessary and is likely to lead to increased disputes between employers and employees.
This article provides a comprehensive overview of the new right to disconnect, assesses its implications on the broader workforce, and proposes measures for employers to adequately prepare for the legislation's enactment.
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FWO: $137,435 in penalties against former director, manager, and accounting firm
The Fair Work Ombudsman has secured a total of $137,435 in penalties in court against a former director and a general manager of Melbourne-based La La Bar Group companies and the companies’ former accounting firm, for deliberately breaching workplace laws.
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(Updated) Contracts: Casuals and Contractors
This article details significant changes to employment of casuals and contractors contained in the latest tranche of landmark IR reforms in the form of the Fair Work Legislation Amendment (Closing Loopholes) Bill No 2 2024.
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QIRC finds injured worker unable to meet genuine occupational requirements
The QIRC has dismissed a discrimination complaint, applying section 108 of the Anti-Discrimination Act 1991 (Qld) , and finding that the worker was unable to meet the genuine occupational requirements of their role because of their injury.
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Right to disconnect - an unnecessary bad law (a practical perspective)
This article looks at the new provisions providing a “right to disconnect” and explores what it means for business in a practical sense.
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NSW case highlights need to manage mental health risks on construction sites
A recent case, FWO v CFMMEU and ors (No 2) (2023), which saw the Australian federal court consider the psychosocial risks of bullying on a construction site in Queensland, highlights the emerging importance of managing psychosocial risks effectively. It also demonstrates that unions won’t hesitate to bring legal proceedings on behalf of their members if they perceive any psychosocial risks in the workplace.
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Heard AI is coming for your job? For these copywriters, that 'future' arrived months ago
In 2023, with artificial intelligence (AI) hype at fever pitch, white-collar workers were told that maybe one day soon, their roles would be automated. A year later many workers are wondering what all the fuss was about, but for some professions the impact has already happened.
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Pay and Unions Update - (Same Job, Same Pay)
A detailed look at the newly introduced ‘Same Job, Same Pay’ Regime and how it affects labour hire .
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Breaking the ‘permanent casual’ oxymoron: will Labor’s new laws make a real difference for workers?
Experts say pathway to sick and holiday pay a ‘huge win’ for Australia’s 2.5 million casual workers but industry groups are not convinced.
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“Extremely problematic”: Back to office push harming those with caring responsibilities
Linking office attendance to salary reviews, bonuses and promotions severely disadvantages anyone with caring responsibilities and an inability to get to work easily — ie women and remote workers — and must be carefully examined, experts say.
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8th Feb 2024
From the 'great resignation' to the four-day week, will work culture change in 2024?
In 2023, many Australians felt a shift in workplace culture. Some offices moved to a four-day work week, while others had employees quitting in droves. What will the 2024 hold?
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Sign attitude to work is changing as huge amount of Aussies plan big 2024 move
There’s a sign that Aussies’ attitude to work is changing in a major way, with a huge amount of professionals planning on making a big move in 2024.
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Employee receives $26,000 in compensation for ‘unfair dismissal’ over working from home
Tomaso Moro, a sales rep who worked for e-commerce support firm Insider AU, brought the case to the Fair Work Commission (FWC) following the termination of his employment at the company last year.
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When does an employee’s social media comment cross the line?
The public attention around Antoinette Lattouf's dispute with the ABC has brought into sharp focus the right of an employer to take action if an employee posts social media comments contrary to the policies, directions or interest of the employer. But what are the rules? When will there be valid grounds for an employer to dismiss an employee for such conduct, including other behaviours that take place outside of the usual work hours?
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Understanding employment contracts: The importance of an effective set-off clause
A well-draftedemployment contractwill set out the terms and conditions of employment in a concise way with clearly defined protections for the employer. However, issues can arise where an employer adopts a ‘set and forget’ strategy where oneemployment contracttemplate is used for all employees regardless of their employment status or position, both of which could impact how theiremployment contractshould be drafted e.g., an employee’s modern award coverage.
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Feeling tired after returning to work? Here are some possible reasons why
Working long hours can be stressful. While a break can help, what happens when the holiday is over, you've returned to work, and that sense of tiredness still lingers?
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Explainer - Closing loopholes bill: the right to disconnect and five other changes coming to Australian workplaces
Labor’s closing loopholes bill is set to pass the Senate on today (8th Feb), with a Greens amendment creating a new right for employees to disconnect from work emails and calls. This article summarise how the bill will change Australian workplaces, and what it means for workers and employers.
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HR bosses reveal this year’s biggest people problems
Being the head of human resources must be one of the hardest and most thankless jobs in the corporate world. And it’s only getting harder. Once it was all about hiring and firing. But in today’s world, you also have to worry about the company’s purpose and culture, a skills shortage, the mental health of your workers, and whether they are coming to the office at all. It means that HR has a bigger say at the executive table on the direction of the business than ever before.
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Gig workers to benefit from minimum standards as government secures support for industrial relations reforms
A quarter of a million Australians will soon have access to minimum standards at work for the first time after the federal government secured the final vote needed to pass its latest industrial relations reforms.
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Stay on top of workplace rules in 2024
The Fair Work Ombudsman offers some tips to help you stay up to date with your workplace rights and obligations.
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1st Feb 2024
Opinion: It’s high time economists and politicians take note of the rapidly feminising workforce
The impacts on female employment of the government’s revamped Stage 3 tax cuts continue to attract less debate than notionally more glamorous subjects such as the push for more “tax reform”.
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Return-to-office mandates branded sexist for their impact on working mums
HR Director, Sarah Novelli has no doubt that without the freedom to do some of her work as a human resources director for 3000 people from home, she would not be in the job.
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3 Simple Steps HR can take right now to better protect the business
There are so many issues to consider in the current environment and sometimes we can lose track of the small wins. If you are in HR and are currently dealing with an unfair dismissal claim, underpayment of wages issue, breach of contract dispute or workplace bullying claims understandably there is a lot to digest. There are also a few simple steps that can be taken now which can demonstrate a few small wins for the HR team.
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Extended Work Rights for Working Holiday makers from 1 January 2024
In Dec 2023 the Minister for Immigration, Citizenship and Multicultural Affairs decided that from 1 January 2024, Working Holiday Makers (Subclass 417 and 462 Visa Holders) in some circumstances will have access to extended work rights for work with the same employer for more than six months.
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Navigating the Landscape of Employer-Sponsored Visas in Australia
This article explores the key aspects of employer-sponsored visas in Australia and the opportunities they present for both employers and prospective employees.
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WorkSafe NSW report submissions expose shocking stories of nurses and tradies dying at work and a regulator accused of inaction
When a workplace safety regulator is accused by workers, inspectors, unions and victims of being timid, ineffectual and suffering from systemic cultural and operational issues, it's time for a massive overhaul.
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Is there a “standard of proof” that applies to workplace investigations?
The answer is “yes”. In Australia, the findings in a workplace investigation are made on the ‘balance of probabilities’, that is the civil standard of proof. A fact is proven, on the balance of probabilities, if its existence is more probable than not, or if it is established by a preponderance of probability.
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Is linking time in the office to career success the best way to get us back to work?
Working from home introduced in response to the harsh pandemic lockdowns in 2020 was expected to be a short term arrangement with staff returning to the office as soon as restrictions were lifted. Yet, almost four years later, most office workers are still following hybrid arrangements - splitting their week between home and office, with no plans to return full-time to the workplace anytime soon.
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Larry was paid $4.20 an hour in Australia. It’s not enough to live on – but it’s completely legal
People with intellectual disability are getting hourly wages that don’t even cover their bus trips to work. Advocates believe it’s time for a radical overhaul.
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Hungry Panda delivery rider launches legal action against company claiming loss of work after protesting pay
Data seen by Guardian Australia shows Zhuoying Wang gets between 30 to 70 orders per shift but this dropped down to zero around the protest.
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25 January 2024
Requests for Flexible Working Arrangements: What are Your Obligations as an Employer?
Under the Fair Work Act 2009, certain employees have a right to request flexible working arrangements. Below, we break down who can make a request – and what you need to do if you receive one.
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ABC denies sacking Antoinette Lattouf and attempts to have termination case thrown out
The ABC has claimed it did not sack the journalist Antoinette Lattouf from her casual radio role, paving the way to attempt to have her termination case thrown out. It comes as pressure mounts on the broadcaster’s management, with union members passing a vote of no confidence in the managing director, David Anderson..
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Confidentiality, Restraint and Non-Compete Clauses: The Marble Recruitment vs Fetch Recruitment Case Analysis
In a pivotal ruling that resonates across professional services and in particular the recruitment industry, the Western Australian Supreme Court shed light on the complexities of contractual compliance in the case of Marble Group Services Pty Ltd v Blenkinsop [2023] WASC 464 (6 December 2023) – Marble Recruitment versus Fetch Recruitment.
This case, focussed on accusations of a breached non-compete agreement by a former employee, and has emerged as a crucial benchmark for understanding the legalities surrounding keyemployment contractclauses.
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Australian Public Service Commission's Statement of Common Conditions represents breakthrough for enterprise bargaining
In late 2023 the Australian Public Service Commission (APSC) finalised the Australian Public Service (APS) Statement of Common Conditions (the Statement). This represents a breakthrough for enterprise bargaining within the APS as it now creates greater commonality for APS employees and increased equity in their pay and employment conditions.
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FWO urges compliance with Closing Loopholes law changes
Employers and employees should educate themselves on the new Closing Loopholes workplace laws and make sure they are compliant, the Fair Work Ombudsman said. “There can be significant penalties where the laws are not followed – including jail time for the new criminal offence – but we want employers to get it right in the first place and are here to help with free information and advice to ensure they do.”
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Salary Record Keeping: The sleeping landmine hiding in the new Federal wage-theft laws
The Fair Work Act 2009 and Fair Work Regulations 2009 (the Regulations) have long imposed very specific record keeping obligations that are largely unknown or misunderstood by employers.
The most forgotten of these obligations pertains to Regulation 3.34, which requires employers to keep a record of each ‘overtime hour’ worked by an employee on each day that might attract a penalty or loading for overtime hours.
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Is a full-time return to the office on the cards for workers in 2024 as employers gain 'more power'?
Would you quit your job if your boss told you that you must go back into the office? Or would you adhere to the new rule, especially if it meant a potential pay rise?
More workers may be asked that in the coming months, as some of the country's biggest employers are urging staff to return to the office at least partially.
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ACU confirms $3.6m underpayment of casual staff, denies taking part in wage theft
The Australian Catholic University (ACU) has confirmed it underpaid approximately 1,100 casual staff around $3.6 million between 2016 and 2023. ACU is the latest in a long list of Australian tertiary education organisations which have been found to have underpaid their staff.
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Australia could be stumbling into biggest waterfront dispute since the 1990s. Here's what it might mean for you ...
The current row between a Dubai-owned stevedore, DP World, and the Maritime Union of Australia could reignite inflation and cause the Reserve Bank to continue lifting interest rates, experts say. There are calls for federal minister Tony Burke to intervene.
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Stage 3 tax cuts calculator: See how the changes will affect you
If you're a taxpayer, you will be paying less tax from July. The federal government has committed to shifting tax cuts that were legislated half a decade ago to provide more benefits to low- and middle-income workers.<
It breaks an election promise not to touch the stage 3 tax cuts, and it will mean the highest income earners will get half the benefit they were due to receive. But every worker will see a little bump to their pay slips from July 1.
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Jobseekers say Australia’s employment system forcing them into jobs with ‘terrible hours, conditions and pay’
Jobseekers say their employment providers have put them in positions where they have been given just one shift a fortnight, had to clean up large amounts of human faeces, and have been cut off payments after a close family member died.
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18 Jan 2024
Centrelink staff claim toilet breaks are being timed by management in crackdown
Centrelink call centre staff claim they are being monitored minute by minute, including the length of their bathroom breaks, as part of a management-led crackdown to improve average call wait times that have blown out to nearly double in the past year.
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Victorian Labor at odds with federal party on industrial relations bill
The Victorian government and employer groups have raised the alarm about amendments to Labor’s industrial relations bill, warning they will embolden unions to refuse to bargain with industry.
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Australian Workers Short Changed: Unsatisfactory working hours and unpaid overtime.
This is the latest report from the Centre for Future Work and the Australia Institute on their annual survey to investigate overwork, unpaid overtime, and other instances of time theft in Australia. It paints a damning picture of the Australian labour market.
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South Australia passes industrial manslaughter laws
On 29 November 2023 the Work Health and Safety (Industrial Manslaughter) Amendment Bill passed the South Australian Parliament. If convicted of Industrial Manslaughter individuals face a maximum penalty of 20 years imprisonment, whilst an offence committed by a body corporate is a maximum of $18,000,000.
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A sign that attitude to work is changing as huge amount of Aussies plan to change jobs in 2024
A survey of 1000 professionals in full or part time employment across Australia revealed the need for higher wages in a challenging economic time and a better work-life balance were the biggest motivators for respondents looking to get a new job.
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Workplace wellness programmes have little benefit: study
Employee mental health services have become a billion-dollar industry. New hires, once they have found the restrooms, are presented with a panoply of digital wellness solutions, mindfulness seminars, massage classes, resilience workshops, coaching sessions and sleep apps. But a British researcher who analysed survey responses from 46,336 workers at companies that offered such programmes found that people who participated in them were no better off than colleagues who did not.
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What’s it worth to work from home? For some, it’s as much as one-third of their wage
A significant proportion of Australian workers – about one-fifth – would be prepared to sacrifice between 16% and 33% of their salaries for the right to work from home, which works out at A$12,000 to $24,000 of those workers’ salaries.
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6 questions you should be ready to answer to smash that job interview
If you have been invited to a job interview, congratulations, as it likely means you have been shortlisted for the role. However, for many people, interviews can be an unnerving process. Not only do they require candidates to think on their feet, but also to create a positive impression of themselves as a potential co-worker. With that in mind, it always pays to prepare by anticipating what will be discussed and practising your answers. Here are six types of questions you may be asked...
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Employees lack sense of sustainability culture: Gartner
Less than one-fifth of employees believe their organisation has the necessary knowledge, mindset and behaviours required for a strong culture of sustainability, according to a recent Gartner survey.
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Australians Will Find Out The Gender Pay Gap Of The Nation’s Biggest Companies
On February 27 2024, the gender pay gaps of every large Australian company will be made public. This means Australians will be able to find out the difference between how much the average male and female employee are paid at some of Australia’s biggest corporations.
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11 Jan 2024
Reminder: Fixed Term Contract Information Statements
Just a quick reminder that there is now a Fixed Term Contract Information Statement issued by the Fair Work Ombudsman which must be given to new fixed term employees when they start work. It was updated in Dec 2023. You can find it herehttps://www.fairwork.gov.au/sites/default/files/2023-12/is-fixed-term-contract-information-statement.pdf
What is a 'personality hire'? And what does the trend say about modern workplaces?
Do employers really hire people for their personality? And what does the trend say about the skills we value in the workplace?
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Employers should look at AI’s impact on workforce through ESG lens
The ESG (environmental, social and corporate governance) agenda reflects the growing focus of policymakers, regulators, investors and other stakeholders on not just what businesses do but how they do it – including the impact they have on people and the environment they operate in.
The May 2023 future of jobs report by the World Economic Forum (WEF) identified frontier technologies, like AI, as potentially more transformational to businesses than the transition to a ‘green’ economy. There are, however, different views on the extent to which AI will impact the labour market.
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The Gender Pay Gap - a UK perspective
In less than 7 weeks everyone will be able to look up the gender pay gap for all businesses in the Australian private sector with over 100 employees, as calculated by the Workplace Gender Equality Agency (WGEA). Time will tell if it is the 'game changer' that some people are predicting. In the meantime, you may be interested in a detailed article about the gender pay gap in UK universities, why closure of the gap is slowing, issues that cause the pay gap, and how some universities are tackling the issue.
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Can My Employer Spy on Me at Work?
The proliferation of technology has contributed to a rise in unfair dismissal claims and complaints to the Fair Work Ombudsman, some of which have resulted from unlawful surveillance. Employment lawyers are therefore encouraging employers to ensure they understand the rules that apply and the rights of employees before implementing ‘big brother’ measures.
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Paid Parental Leave - employer obligations
Parental Leave Pay (PLP) continues to evolve and employers have an important role in administering and delivering paid parental leave pay. This article explains how PLP legislation is changing and what employers need to be doing to meet their obligations.
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Failure to address subminimum wages for people with disability in national plan ‘disappointing’
A new national plan to improve conditions for people with disability working in supported employment acknowledges their human rights but fails to substantively address the issue of subminimum wages, with advocates labelling the omission “disappointing”.
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4th Jan 2024
Workplace Wellbeing Resources (free)
Recently, the Global Wellness Institute’s Workplace Wellbeing Initiative organized a 24-hour online Summit covering the trends, insights, case studies and thought leaders shaping workplace wellness around the world. This is a list of links to the video recordings of each session.
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Major Change to Federal Wage Theft Laws: Positive Obligation on Employers
There’s a major change in the new federal wage theft laws. The new laws will make it an offence to intentionally underpay someone. But how do you attribute intention to a company?
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Workplace Romance and Dishonesty Lead to Justified Dismissal
When personal and professional lines blur with romantic relationships in the workplace, a conflict of interest can be career ending. This is the stark reality echoed in the Fair Work Commission’s latest ruling, where a director’s hidden affair leads to a justified dismissal.
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New Rules for Employer Sponsored Migration & Visas
This article explains the latest developments in the employer sponsored space and shares insights into the government’s migration strategy.
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Being filmed by customers while working is becoming an industrial issue
This article is primarily about airline crew being filmed by passengers without permission, but unions are voicing concerns and it applies to many other workplaces.
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These Australians work remotely while travelling overseas. But are they really living the dream?
Not everyone is satisfied with an office or working from home — they'd prefer to be operating from white-sand beaches and tropical rainforests. These Australians share the advantages and disadvantages of being a digital nomad.
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Switching off from work has never been harder, or more necessary. Here’s how to do it
Your choice of activity outside work can be crucial to this process of psychological detachment. To learn more about what strategies are most effective, my research surveyed nurses who were working shifts in hospital emergency departments in 2020, a highly stressful work environment.
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Demystifying Workers Compensation: Myth, Misconceptions, Fears, and Facts
This blog aims to debunk the workers compensation myth and misconceptions, address concerns, and provide accurate information, simplifying your understanding of this essential protection mechanism and enabling confident navigation through the system.
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Deceptive Legal Tactics in Workers’ Compensation Claims
Workers’ compensation claims are meant to provide support and protection for employees who suffer workplace injuries. However, what happens when employers, their insurers, or their legal representatives employ deceptive tactics to hinder the process? The case of Francis v MSF Sugar Limited sheds light on the concerning issue of deception by defendants and the role of insurance companies and their lawyers in such cases.
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Older workers still struggle with work-life balance – and there’s no one-size-fits-all remedy
As the number of older employees in the economy grows, it’s important to understand what will help keep them satisfied in their work as they move towards and beyond retirement age.
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21 December 2023
When will retrospective backpay be payable to former employees under enterprise agreements?
Several important lessons arise from the recent decision in Murtagh v Corporation of the Roman Catholic Diocese of Toowoomba [2023] FCAFC 172 in which a Catholic school employer in Queensland, Australia was held liable to back-pay to two teachers whose employment ended prior to the approval of an enterprise agreement.
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Court allows employer access to employee’s personal accounts on work laptop
In the case of Madzikanda v Australian Information Commissioner [2023] FCA 1445, the Federal Court addressed the the employer’s rights to lawfully access employees’ personal accounts through their work devices.
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Workplace Bullying Checklist – 10 Questions Every HR and People and Culture Team Needs to Know the Answer to
A useful summary of what constitutes workplace bullying and how policies and training can help employers to meet their obligations.
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Staying safe this summer: Steps to avoid workplace risks
Summer is here and the heat has already shown itself across the nation. The hotter months bring with them work health and safety risks that you need to manage, such as bushfires, extreme heat and solar UV radiation (UVR).
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Industrial Relations Bill sees return of NSW Industrial Court
The Industrial Relations Amendment Bill 2023 passed in the final sitting week of NSW Parliament, resulting in significant amendments to the Industrial Relations Act 1996 (NSW).
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Is downloading confidential work documents on personal devices grounds for dismissal?
With the rise of remote working arrangements, the ability to keep confidential or sensitive company files secure is a new challenge for employers and their workers to navigate.
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What is disability discrimination in the workplace?
A concise description of what constitutes disability discrimination in the workplace.
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CFMEU penalised for unlawful conduct
The Federal Court has imposed a total of $171,000 in penalties against the Construction, Forestry and Maritime Employees Union (CFMEU) and two of its officials for unlawful conduct at a construction site in South-East Queensland.
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Western Australian blanket public sector wage policy dismantled, individual union negotiations reinstated
Premier Roger Cook said moving away from all public sector workers being offered the same pay rise would deliver greater flexibility in the bargaining process, to ensure unions can have industrial issues affecting their members better addressed.
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