[vc_row][vc_column][vc_column_text] The dynamic and ever-growing nature of privacy regulations and attack vectors related to privacy emphasises the importance for organisations to do a better job protecting data through technology design. Also known as, ‘Privacy by Design’ and ‘Privacy by Default’, the terms refer to the system engineering approach of integrating data procedures in technology to …
Continue reading “Privacy by Design – protecting personal information from the wire-frame up”
One Tree Community Service Inc v United Workers’ Union [2021] FCAFC 15 The Federal Court of Australia recently decided that the Fair Work Commission has the power to arbitrate disputes under enterprise agreements inherited by new employers following a transfer of business. The decision may have far reaching consequences for employers who have inherited an …
Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 – What it means for you The Morrison Government introduced the Fair Work Amendment (Supporting Australia’s Job and Economic Recovery) Bill 2020 (Bill) to Federal Parliament on 9 December 2020. Employer groups have welcomed the Bill’s changes as the first step to getting industrial relations …
Continue reading “New Industrial Relations Laws – What it means for you”
The outbreak of the COVID-19 pandemic in Australia and overseas has had a hugely damaging economic effect on the business community. Many of these businesses hold Business Interruption (BI) insurance and may have either had claims declined or not pursued them on advice that the policy did not respond. Alternatively, they may not have considered …
In a significant decision, the High Court of Australia has clarified the method of calculating an employee’s entitlement to paid personal/ carer’s leave under the Fair Work legislation. On 13 August 2020 the High Court of Australia handed down its decision in Mondelez Australia Pty Ltd v AMWU & Ors [2020] HCA 29. Importantly, the …
On 22 June 2020, the Community Services Industry (Portable Long Service Leave) Act 2020 (Qld) (PLSL Act) received royal assent. The PLSL Act includes significant changes to the right of entry dispute resolution processes in the Work Health and Safety Act 2011 (Qld) (WHS Act). The WHS Act previously enabled Workplace Health and Safety Queensland …
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On 10 June 2020 the Work Health and Safety Amendment (Review) Bill 2020 (NSW) (Bill) was assented to, introducing a number of significant reforms to the Work Health and Safety Act 2011 (NSW) (WHS Act). The key changes to the WHS Act are discussed below. Increased WHS Act penalties The Bill provides for an increase …
Continue reading “A reformed reality – liability in the wake of WHS law reforms”
The Miscellaneous Award 2020 has historically had limited relevance for most businesses. The Award has not covered employees covered by an occupational award, or employees of employers covered by an industry award, even if those employees did not fall within one of the classifications in that industry award. From 1 July 2020 however, the scope …
Continue reading “Expanded Coverage of the Miscellaneous Modern Award”
On 11 June 2020 Judge Rafter SC fined Brisbane Auto Recycling $3 million after it had pleaded guilty to the offence of industrial manslaughter under Queensland’s Work Health and Safety Act. Significantly, this is the first conviction for industrial manslaughter in Queensland since the introduction of the offence in October 2017. Judge Rafter also sentenced the …
COVID-19 has been a steep learning curve for those within the HR industry. The key focus of protecting the health and wellbeing of our employees, clients and visitors has remained paramount. However, the challenge for HR teams is to manage both the health and wellbeing of employees, whilst also managing the economic crisis faced by …
Continue reading “Managing a health crisis from an HR perspective”
Leading independent Australian law firm McCullough Robertson Lawyers announced today the appointment of Amber Sharp as a partner in the national Employment Relations and Safety team. This appointment supports three key areas of focus for McCullough Robertson: State and Commonwealth Government offering; Sydney and New South Wales growth; and strengthening the national Employment Relations and …
In a unanimous, but 272 page, judgment, the Full Court of the Federal Court has shattered what many employers had considered to be the standard position about engaging casual employees. An appeal is all but certain. However, as it stands, employers with a casual workforce face an unprecedented risk of employees claiming back-pay, and potentially penalties, …
Continue reading “Casual approach causes major headache: WorkPac v Rossato”
In a significant decision, the Federal Court has determined that Qantas Airways does not need to allow its stood down workers access to paid personal/carer’s leave or compassionate leave during the period of stand down. The decision by Justice Flick clarifies the obligations of employers and the rights of thousands of other stood down workers …
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In October 2017, the Work Health and Safety and Other Legislation Amendment Act 2017 (Qld) (WHS Amendment Act) introduced industrial manslaughter offences in Queensland. The introduction of the offences was in response to the recommendations of the Best Practice Review of Work Health and Safety in Queensland. The Review followed the separate multiple fatalities at …
The JobKeeper scheme is not only unprecedented in its size and application, but also unique in the speed in which it was rolled out. Treasury and the ATO must be praised for the incredible amount of work they undertook in such a short time to release this material. There is no doubt that a great …
Continue reading “Practical applications of the JobKeeper stimulus measures”
On Friday, 8 May 2020, the Commonwealth Government announced a three-step plan for the easing of COVID-19 related restrictions. Each of these stages will, subject to the ongoing application of social distancing restrictions and State and Territory requirements, permit businesses in different industries to resume operations, with some of the first businesses to open being …
Continue reading “COVID-19: Managing liability in planning a resumption of business operations”
The Federal Government has introduced the JobKeeper scheme to assist employers to keep their employees on during the COVID-19 outbreak despite its economic consequences. In short, the scheme entitles eligible entities who have suffered a specified substantial decline in turnover to a payment of $1,500 per fortnight (before tax) for salary or wages paid to …
Can a retirement village be ’closed off’ to access? The short answer is no. While an Operator is entitled to control the land and facilities it operates, residents have the right to ‘quiet enjoyment’ of their residence, including the right to lawful access. However, residents of all Queensland retirement villages are subject to the Home …
Continue reading “Closing retirement villages to visitors – a no go zone?”
[vc_row][vc_column][vc_column_text]As the COVID-19 virus continues to spread across the globe, attention in Australian workplaces has turned to standing down employees in circumstances where, due to the impact of COVID-19, there is no useful work which they can perform in their role. Unlike private sector employees, whose employment is chiefly regulated by the Fair Work Act …
Continue reading “COVID-19 – The industrial impact on NSW local government employees”
[vc_row][vc_column][vc_column_text]The Australian Government is offering wage subsidies to help employers retain their employees during the COVID-19 pandemic, and keep employees engaged until the inevitable rebound. Wage relief Eligible businesses (including not-for-profits) who elect to participate in the scheme can expect a wage subsidy of $1,500 per fortnight per eligible employee. The JobKeeper payment is a …
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On 24 and 28 March 2020, the Fair Work Commission (FWC) made its first determinations to vary two modern awards (Hospitality Industry (General) Award 2010 (Hospitality Award)and Clerks – Private Sector 2010 (Clerks Award)) in response to the coronavirus (COVID-19) pandemic and the challenges employers are currently facing. It is likely that similar flexibility changes …
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[vc_row][vc_column][vc_column_text] What are my Workplace Health and Safety (WHS) obligations? Employers, as a Person Conducting a Business or Undertaking (PCBU) under the WHS laws, have a primary duty of care to ensure, so far as is reasonably practicable, the health and safety of workers and relevant other persons. WHS controls may include encouraging increased personal …
WHO SHOULD READ THIS All employers, human resource managers and in-house lawyers who manage payroll and employee entitlements. WHAT YOU NEED TO KNOW Modern award changes came into effect from 1 March 2020, introducing annualised wage arrangements. WHAT YOU NEED TO DO Ensure that you understand your options and the benefits of paying employees an …
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Following findings in the Coronial inquest arising from the Dreamworld tragedy that have criticised the operating company’s safety systems and standards, the operating company has been referred to prosecuting authorities. However, the question remains, are Queensland’s Work Health and Safety (WHS) laws capable of seeing officers of a large entity actually found liable and subject …
Continue reading “Dreamworld Inquest: could officers actually be imprisoned?”
WHO SHOULD READ THIS All employers, human resource managers and in-house lawyers who manage payroll functions, employee entitlements, and recruitment. THINGS YOU NEED TO KNOW Wage theft is a key focus area for the Fair Work Ombudsman. Employers should be aware of back payment requirements and possible penalties. WHAT YOU NEED TO DO Employers must …
Continue reading “Wage Wars – Underpayment may become a crime”
WHO SHOULD READ THIS Resources industry stakeholders in coal and metalliferous mining, quarrying, petroleum and gas and those who deal with explosives in the Queensland resources industry. WHAT YOU NEED TO KNOW In February 2020, Queensland Mines Minister introduced a Bill to create industrial manslaughter offences for the Queensland resources industry. WHAT YOU NEED TO …
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WHO SHOULD READ THIS All employers, human resources managers, in-house lawyers and professionals with an industrial or employment focus. THINGS YOU NEED TO KNOW Casual employment is often fluid and can change over time. Casual employment arrangements remain subject to significant scrutiny by the FWC and Federal Courts. WHAT YOU NEED TO DO Review your …
WHO SHOULD READ THIS All employers, human resource managers and in-house lawyers who manage employee absences, leave approval and leave policies. WHAT YOU NEED TO KNOW An employee may have a statutory right to volunteer as part of the national response to the bushfire relief effort and there are several types of leave available. Background …
Continue reading “Bushfire relief and volunteer entitlements: rights & obligations”
