The Fair Work Commission (FWC) has issued a âsingle interest employer authorisationâ (SIEA) in the first significant contested application determined under s248 of the Fair Work Act 2009 (Cth) (FW Act).[1] This outcome kicks off a process of multi-employer bargaining under the FW Act and sets the stage for a compelling case study of how …
Expertise Archives:
Nathan Leivesley
Winson Group
Fox v Infosys: How an employee was able to âdouble dipâ his long service leave entitlements in India and Queensland
Last month, the Full Bench of the Queensland Industrial Relations Commission handed down its judgment in Fox v Infosys Technologies Ltd [2024] QIRC 109 (Fox). What transpires is an interesting outcome relating to the interpretation of ‘continuous serviceâ for the purpose of eligibility for long service leave under the Industrial Relations Act 2016 (Qld) (IR …
Queensland Health and Safety Laws â even more changes in store in 2024
Yet more changes are on the way for Queenslandâs work health and safety laws, with the Honourable Grace Grace introducing the Electrical Safety and Other Legislation Amendment Bill 2024 into the Queensland Parliament on 22 May 2024. If passed in its current form, the Bill would introduce significant changes to Queensland safety laws, namely the: …
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Overhauling health and safety regulations in Queenslandâs resources sector
Amendments to Resources Safety Acts slated for 2024 Comprehensive regulatory reforms are proposed for Queenslandâs resources sector through the introduction of the Resources Safety and Health Legislation Amendment Bill 2024 (Qld) (Bill). The Bill seeks to amend Queenslandâs Resources Safety Acts (as well as their associated Regulations), made up of: The 242 page Bill was …
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Queenslandâs WHS Act amended⌠and more to come
Following our December 2023 article where we listed the top five upcoming changes to Queenslandâs work health and safety laws, the Work Health and Safety Amendment Bill 2023 (Bill) passed Parliament on 21 March 2024. The Bill, which amends the Work Health and Safety Act 2011 (Qld) (WHS Act), implements recommendations from the: Was the …
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Workplace misconduct process best practice
Two recent decisions have highlighted the balancing of interests that an employer must aim for when handling workplace misconduct processes. Both cases involved employees claiming workers compensation for psychological injury arising during the initial phases of a workplace investigation into their conduct, prior to knowing the details of the allegations against them. The cases illustrate …
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Closing loopholes or creating more? Conflicting employment and tax tests for âemployeeâ vs âcontractorâ
In late 2023 the ATO finalised a taxation ruling and accompanying guideline, to align its guidance on who is an âemployeeâ for taxation purposes following two landmark decisions of the High Court from 2022. While the ATO has finally caught up with case law, in the next six months the Fair Work Act 2009 (Cth) …
Limitation periods under the WHS Act: when does the clock start ticking?
Prosecutions for most offences against the Work Health and Safety Act 2011 (NSW) (WHS Act) are subject to a two year limitation period. While many have believed that prosecutions must be commenced within two years of an incident or the offence occurring, a recent decision has confirmed that view is not correct. In SafeWork NSW …
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New Safe Work Australia Code of Practice on Sexual and gender-based harassment
Positive duty to prevent sexual harassment By now, you’re no doubt all across the new(ish) positive obligation to take “reasonable and proportionate measures” to eliminate, as far as possible, sex discrimination, sexual and sex-based harassment, conduct that subjects a person to a hostile workplace environment on the ground of sex, and related acts of victimisation, …
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The leftover Loopholes â The right to disconnect and further impediments to bargaining
On Monday, 12 February 2024, Parliament passed the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill which makes changes to the Fair Work Act 2009 (Cth) (FW Act). The Bill was passed with an amendment put forward by the Greens providing employees with a âright to disconnect from workâ. What is the ‘right to …
Kate Peterson
Top five changes coming to Queenslandâs WHS Law
The Work Health and Safety and Other Legislation Amendment Bill 2023 (Bill) introduced to Parliament last month proposes a raft of significant changes to Queenslandâs WHS Law. Below, we unpack the top five issues that may, if the Bill is passed, impact your business. 1. Insurance for WHS fines banned The Bill proposes new restrictions …
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Cattle company and directors face imprisonment â three questions you should be asking
In a continuing national trend, a Northern Territory cattle company, its director and another manager have been charged with safety offences which could see them spend time in prison. The charges arise from work completed by two station hands who were tasked with fencing duties. One station hand was operating a tractor with a post …
QIRC decides local government âSenior Officerâ award definition â are you paying correctly?Â
Why does this matter? âSenior Officersâ within the meaning of the Stream A Award (Award) can be excluded from Award and certified agreement coverage. That exclusion is relied upon by councils to facilitate flexible employment arrangements for senior staff. However, if an employee is incorrectly treated as a Senior Officer, there is a significant risk of an …
New positive duty to eliminate sexual harassment: Guidelines now published on âhow toâ
Late last year, the Sex Discrimination Act 1984 (Cth) (Act) was amended to impose a positive obligation to eliminate sexual harassment. Wondering how to comply? Well, the Australian Human Rights Commission (AHRC) has recently published Guidelines, numbering a whopping 112 pages, unpacking the âhowâ. Recap on the positive duty Section 47C of the Act requires …
Fair Work (Closing Loopholes) Bill introduced: Significant changes ahead
Earlier this week, the Federal Government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill), linked here. The Bill is this Governmentâs third tranche of amendments to the Fair Work Act 2009 (Cth) (FW Act) and proposes sweeping reforms that will impact employers across Australia. The legislation has been referred to a parliamentary …
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Host with the most â the shifting vicarious liability landscape (Mt Owen v Parkes [2023] NSWCA 77)
Who should read this Business owners, CEOs, CFOs and contract and procurement managers of companies who procure labour through external providers or who have structured their group so that an employing entity supplies labour to an operating entity. The New South Wales Court of Appeal recently found that a âhostâ employer, as opposed to a …
Subsidised Employee Housing â a recipe for success, or disaster?
Regional local governments are feeling the pinch of a tight recruitment market and are turning to a reliable employee attraction strategy â subsidised housing. With rent skyrocketing across Australia, subsidised housing may be the deal-maker for many prospective employees. However, subsidised housing presents a complex intersection between employment and property issues. If subsidised rental is …
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The Psychosocial Code of Practice â whatâs happening with enforcement?
The changes to psychosocial health regulation in Queensland (see our earlier article) have been in play for just four months, and already regulators, unions and workers are regularly referring to the Code of Practice: Managing the Risk of Psychosocial Hazards at Work (Code). So, what are we seeing in the field? Safety regulators Regulators and …
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Protecting Worker Entitlements Bill passes: further changes for employers
On 22 June 2023, the Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 (Bill) passed both Houses of Parliament. The Bill is anticipated to receive Royal Assent relatively swiftly and will result in a few notable changes to employee rights under the Fair Work Act 2009 (Cth) (FW Act). Unpaid Parental Leave The Bill …
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Report on the statutory review of the Modern Slavery Act 2018 (Cth) â Australiaâs journey in modern slavery compliance continues
After a three-month public consultation period, the publication of an Issues Paper in August 2022, 136 written submissions and a year in review, on the 25 May 2023, the landmark review of Australiaâs Modern Slavery Act 2018 (Cth) (Act) was tabled as a report in Parliament (Report). The review was led by Professor John McMillan …
Is this the end of enterprise bargaining?
For 30 years, the industrial relations regulatory environment in Australia has entrusted employers and their employees to negotiate the most suitable terms and conditions for their collective circumstances. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Fair Work Amendment Act) fundamentally alters this dynamic, such that conditions of employment will be set …
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Significant resources safety act changes in the pipeline
Representing the vanguard of upcoming changes to Queenslandâs resources safety laws, in late 2022, the Coal Mining Safety and Health Act 1999 (Qld) was amended to include âdirect employee requirementsâ. Those changes now provide that a coal mine operator must not appoint a person to certain statutory positions unless the person is an employee of: …
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Key modern award changes â Shutdown periods and penalty rates for Professional Employees
Two major changes to modern awards will be implemented in 2023 including a revised approach to unpaid leave during temporary shutdown periods for 78 modern awards, and new penalty rates for employees working over 38 hours per week under the Professional Employees Award 2020. This is a timely reminder to employers to ensure that …
Up close and Personnel: ATO updates its guidance on the definition of an âemployeeâ for businessesâ withholding obligations
Late last year, the Australian Taxation Office (ATO) released Draft Ruling TR 2022/D3 Income tax: pay as you go withholding â who is an employee (Draft Ruling) and Draft Practical Compliance Guideline PCG 2022/D5 (Draft PCG). The Draft Ruling provides updated guidance on businessesâ obligations in relation to Pay as You Go (PAYG) withholding and …
Fair Work Act amendments commence on 6 March 2023: Is this relevant to you?
If you work in state government or for a Local Council, you may (quite reasonably!) assume that upcoming amendments to the Fair Work Act 2009 (Cth) have no relevance to you. But not so fast. They do! Blame the external affairs power and read on. The landmark Respect@Work Report observed that our legal framework was not effectively preventing …
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Respect@Work reforms: Are you ready?
The landmark Respect@Work Report observed that our legal framework was not effectively preventing sexual harassment because it is focused on addressing and responding to conduct that had already occurred. It called on legislators to shift the focus by requiring duty holders to proactively prevent discrimination and harassment. Following recent legislative amendments, there is now a …
Does your workplace have an enterprise agreement made before 1 January 2010? If so, you need to take action before 6 June 2023!
With 6 June 2023 around the corner, employers need to ensure they are prepared to inform any affected employees of impending termination of âzombieâ agreements and the consequent reversion to the relevant award. What are ‘Zombie’ agreements? âZombieâ agreements are agreements made before 1 January 2010, when modern awards commenced operation under the Fair Work …