The Federal Governmentâs 2022 changes to the Fair Work Act will have a significant impact on the aged care sector commencing as early as 6 June 2023. The changes made by the Secure Jobs, Better Pay Act clearly show the Governmentâs intention to focus increasing wages in low paid sectors, including aged care, as a …
Continue reading “Governmentâs Secure Jobs, Better Pay Act aims to impact aged care sector”
On 14 December 2022, the New South Wales Court of Appeal in Wipro Ltd v New South Wales [2022] NSWCA 265 changed the NSW position on how statutory long service leave operates. This decision narrows who has an entitlement to statutory long service leave, by redefining how âsubstantial connectionâ to the state is assessed, impacting …
Continue reading “Redefining Long Service Leave in NSW: âsubstantial connectionâ test changed”
This month, the ATO finalised its draft ruling and guidelines on section 100A ITAA36 in TR 2022/4 and PCG 2022/2, and issued a draft ruling and guidelines on the classification of employees and contractors in TR 2022/D3 and PCG 2022/D5. In the weeks leading up to Christmas, the ATO participated in the season of giving …
A suite of sweeping changes to the Fair Work Act 2009 (Cth) (Fair Work Act) have now been passed into law through the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, which received Royal Assent on 6 December 2022. Most changes will come into effect in three to seven months (and we will …
Continue reading “Immediate actions for employers: Fair Work Act changes”
Queenslandâs statutory requirements about managing psychosocial hazards are changing in April 2023, when amendments to the Work Health and Safety Regulation 2011 (Qld) (WHS Regs)(see our earlier article here) and the new Code of Practice: Managing the Risk of Psychosocial Hazards at Work (Code) commence. Is it a big change? Yes. Itâs actually pretty huge. Regulation of …
Continue reading “The QLD Psychosocial Code of Practice â what do businesses need to do?”
New provisions will take effect in the Coal Mining Safety and Health Act 1999 (Qld) (the Act) from 25 November 2022 with respect to the appointment of persons to statutory positions at coal mines – often referred to as âsafety critical rolesâ. The ChangesThe amendments recently passed by Parliament in the Coal Mining Safety and …
From 1 April 2023, persons conducting a business or undertaking (PCBU) in Queensland will have a positive duty under the Work Health and Safety Act 2011 (Qld) to manage psychosocial risks in the workplace. Equivalent provisions are already in effect in New South Wales, with the new duties to manage psychosocial risks having commenced in …
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Introduction of new Respect@Work Bill On 27 September 2022, the Government introduced the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 (New Bill) seeking to implement the remaining legislative recommendations under the Respect@Work Report. Background On 29 January 2020, Kate Jenkins, the Australian Human Rights Commissionâs Sex Discrimination Commissioner, delivered Respect@Work: Sexual …
Background Wingecarribee Shire Council (Council) has recently entered into an enforceable undertaking with SafeWork NSW following alleged breaches of health and safety duties, which left two workers injured. In 2018, Council engaged a contractor to drain vessels at a sewerage treatment plant. In October 2018, during the course of that work, a 15 tonne crane …
The Queensland State Government has introduced laws which, if passed by State Parliament and approved by the Federal Attorney-General, will fundamentally change the regulation of couriers, lorry owner drivers and those working in the gig economy. The Industrial Relations and Other Legislation Amendment Bill 2022 contains what will be a new chapter of the Industrial …
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On 20 May 2021, the Ministers responsible for Work Health and Safety (WHS) from the Commonwealth and each state and territory met to consider a range of matters, including the response to the 2018 âBoland Reviewâ. On 14 April 2022, a raft of amendments were made to the Model WHS Laws â but for reasons …
Continue reading “Changes to the WHS Model Laws â coming to a state and territory near you!”
A five member Full Bench of the Fair Work Commission in NSW Trains v James [2022] FWCFB 55 has reversed a single member decision that would have allowed employees who were lawfully demoted to challenge their demotions as unfair dismissals. This is a significant decision confirming that section 386(1) of the Fair Work Act 2009 …
History was made on Friday, 25 March 2022 when Gympie business owner Jeffrey Owen was found guilty of an industrial manslaughter offence under Queenslandâs work health and safety laws, and sentenced to a five year jail term (with 18 months to be served until the remaining period is suspended). This is the first successful prosecution …
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Flexible working arrangements are certainly not new. However, the uptake of such arrangements was turbo charged with the emergence of the COVID-19 pandemic. The recent Productivity Commission Working from Home Research Paper (September 2021), shows that the percentage of Australians working from home jumped from 8% to 40% in the past two years. As such, …
Continue reading “Flexible Work Arrangements – Responding Flexibly”
Yesterday, the High Court published two decisions addressing the âcentral questionâ of whether the workers involved were contractors or employees.[1] The decisions could not have come at a better time. With the rise of unconventional contracting businesses like Uber, and companies often engaging individuals rather than a corporate entity with key personnel, the line between contractor and …
The Fair Work Commission (FWC) has found BHPâs COVID-19 vaccination mandate is not reasonable and lawful, but reached this decision based on its failure to consult on whether to implement the policy, rather than consultation on how to implement. The decision, which many expected would clear the way for mandatory COVID-19 policies, has instead delivered …
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Two recent legal decisions have emphasised the importance of employers having an adequate workplace bullying policy or procedure and that a failure to have these in place (or having an inadequate policy or procedure), can have serious consequences. WHS prosecution for inadequate bullying policies or procedures On 1 October 2021, the Melbourne Magistrates Court convicted …
Continue reading “Bullying policies and responding to complaints: is your house in order?”
This weekâs decision of the Full Bench of the Fair Work Commission in Jennifer Kimber v Sapphire Coast Community Aged Care Ltd [2021] FWCFB 6015 has hit the headlines, primarily due to comments in the dissenting opinion of Deputy President Dean regarding mandatory COVID-19 vaccinations. Despite the hype, it is of course the decision of …
In recent years, employers have grappled with the concept of who is a âcasual employeeâ for the purposes of the Fair Work Act 2009 (Cth) (FW Act). Following a lengthy legal process, the High Court has provided clarity in WorkPac Pty Ltd v Rossato & Ors [2021] HCA 23. In finding that Mr Rossato was …
The High Court provided welcome clarification in the casual employment debate on Wednesday 4 August. It has overturned the Full Court of the Federal Courtâs findings that Mr Rossato was not a casual employee and was due permanent employment entitlements. The Full Court of the Federal Courtâs decision had been a cause of significant concern …
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In this update, we analyse two New South Wales decisions about the Local Government Act 1993 (NSW) (LG Act) and compliance with obligations to declare and manage personal interests. While these decisions concern NSW Local Councillors and a former General Manager, there are lessons for all individuals dealing with the LG Act. Eldridge v Wagga …
Continue reading “Conflict of interest: fail to declare and manage at your peril!”
Scope of the Coal Mining Board of Inquiry into methane incidents On 31 May 2021, the Queensland Coal Mining Board of Inquiry (Board of Inquiry) concluded its examination of the nature and cause of the 6 May 2020 serious accident at Grosvenor mine, near Moranbah, in which five coal mine workers sustained injuries. The Board …
The regulatory technology (RegTech) sector has gained rapid traction in recent years. Young RegTech companies seeking to differentiate themselves in a booming industry will only be as innovative as their employees. In Australia, these businesses are hiring in a highly competitive market and should be considering the steps they can take to retain the best …
Yesterday, the NSW Government introduced the Work Health and Safety Amendment (Industrial Manslaughter) Bill 2021 (Bill), which proposes to create two new offences relating to industrial manslaughter under the Work Health and Safety Act 2011 (NSW). A conviction may result in a maximum $10.1 million penalty for a body corporate and 25 yearsâ imprisonment for …
Continue reading “Reforms arising from Marie Boland’s review of WHS laws”
 Who should read this All employers, human resource managers and in-house lawyers who manage employees. Summary Two recent decisions of the Fair Work Commission (FWC) have held that: an employer was justified in dismissing an employee working in the childcare industry after she refused a âlawful and reasonable directionâ to receive a flu vaccination; …
Continue reading “Mandatory vaccinations â A ‘Goodstart’ for employer guidance”
Part 1 – Setting the scene, service levels and data The conversation usually goes a little like this when you ask most cloud services providers to amend their terms⌠âWeâre a one to many provider, our pricing is based on having a single offering with a consistent approach to riskâ âWe donât control your data, …
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Things you need to know On 19 February 2021, Safe Work Australia and the Fair Work Ombudsman released updated guidance regarding the rights and obligations of employers to require employees to be vaccinated against COVID-19. The new guidance suggests that most employers will not have a right or obligation to require employees to be vaccinated, …
[vc_row][vc_column][vc_column_text] After significant public discussion and parliamentary debate, the Fair Work Amendment (Supporting Australiaâs Jobs and Economic Recovery) Bill 2021 (Bill) was passed by Parliament on 22 March 2021. When originally introduced to the House of Representatives in December 2020, the Bill promised sweeping reforms to the Fair Work Act 2009 (Cth) (Act) across a …
Continue reading “Clarity about casuals â at least for now…”
