Resources: News Alerts

As the silly season approaches, employers must ensure that they thoughtfully plan their end-of-year celebrations and carefully consider the potential risks associated with hosting work-related functions.

A number of amendments were made to the Fair Work Act 2009 (Cth) which commenced on 26 August 2024. A brief summary of the changes are set out here for those who may have missed them.

Amendments to the Fair Work Act 2009 (Cth) (FW Act) introduced by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth), required modern awards to include a term that provides for the exercise of the rights of workplace delegates. Amendments to the Fair Work Act 2009 (Cth) introduced by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth), required modern awards to include a term that provides for the exercise of the rights of workplace delegates.

The first tranche of amendments to the Fair Work Act 2009 (Cth) pursuant to the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) provided new powers to the Fair Work Commission to make a “regulated labour hire arrangement order”.

On 20 June 2024, the New South Wales Parliament passed the Community Services Sector (Portable Long Service Leave) Bill 2024 introducing a new portable long service leave scheme for workers in the community service sector.

On 20 June 2024, the New South Wales Parliament passed legislation to include a new criminal offence of industrial manslaughter under work health and safety legislation.

The Penrith Panthers have been in the headlines recently due to an employment dispute with one of their players, Taylan May.

Earlier this month, SafeWork NSW announced a three-year work health and safety strategy focusing on psychological health and safety.

The Fair Work Commission’s Expert Panel announced on Monday, 3 June 2024 the outcome of its annual review of the national minimum wage and minimum wages under the modern awards.

On 26 February 2024, the second tranche of Closing Loopholes amendments was legislated by the Federal Government under the Fair Work Legislation Amendment (Closing Loopholes No.2) Act 2024 (Cth). The first tranche of Closing Loopholes amendments was passed in December last year, a summary of which you can find here.

The Fair Work Commission’s Expert Panel handed down its decision on Friday substantially concluding Stage 3 of the Work Value Case – Aged Care Industry proceedings. The decision provided further wage adjustments for employees, as well as new classification definitions and structures under the Aged Care Award 2010, the Nurses Award 2020 and the Social, Community, Home Care and Disability Services Industry Award 2010.

The Federal Government introduced several employment law changes last year, with varying commencement dates. Employers should be particularly mindful of the changes which commenced from December 2023 and the impacts they will have on the workplace as we settle into the new year.

On 4 September 2023, the Labor Government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 to Parliament, aimed at closing the ‘loopholes’ in current workplace laws which the Government says are being used to undermine the security of wages and working conditions of workers.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) limitations on fixed-term contracts have commenced as of today, 6 December 2023.

In August, Workplace Law hosted a webinar on Fixed Term Contracts and the upcoming changes when engaging fixed term employees. We want to remind employers that, if you haven’t already, it is critical that you act now in relation to your fixed term employee arrangements.

Earlier this month, Australia’s Industrial Relations Ministers agreed to produce a model for a harmonised labour hire regulation scheme by the end of October 2023.

On 22 June 2023, the Federal Government passed the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 (Cth). The Amendment Act introduces a number of changes to the Fair Work Act 2009 (Cth) aimed at protecting worker entitlements, promoting gender equality and delivering reforms to improve fairness in the workplace relations system.

In December 2022, the Federal Government passed the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) resulting in several significant changes to the Fair Work Act 2009 (Cth). These changes have and will come into effect on various dates, with the latest wave of amendments being live as of 6 June 2023.

On 25 November 2022, the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 (Respect@Work Bill) was passed by the Federal Parliament.The Respect@Work Bill will implement the outstanding seven recommendations made by the Australian Human Rights Commission in its ‘Respect@Work: Sexual Harassment National Inquiry Report (2020)’.

The entitlement to family and domestic violence leave in the National Employment Standards of the Fair Work Act 2009 (Cth) will be updated next year following the Federal Government’s passage of the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022.

On 27 September 2022, the Federal Government introduced the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 which, if passed, would place a positive duty on employers to prevent sexual harassment, sex discrimination and victimisation in the workplace.

Under work health safety legislation, persons conducting a business or undertaking have an obligation to ensure, so far as reasonably practicable, the health and safety of workers while at work.

In April 2020, the Fair Work Commission introduced temporary measures in modern awards in response to the need to provide employers and employees flexibility in the context of the COVID-19 pandemic and lockdowns.

From 1 July 2022, the high income threshold increased to $162,000 per annum.

In 2010, the model Work Health and Safety Act was endorsed, followed by the model WHS Regulations and model Codes of Practices. Other than Victoria, most Australia State and Territories have now adopted the model WHS laws in their jurisdictions.

The Fair Work Commission’s Expert Panel has announced the outcome of its annual review of the national minimum wage and minimum wages under modern awards.

The Fair Work Commission has continued its review of annualised wage arrangements in modern awards.

In March 2022, the Victorian Government announced the commencement of a new two-year program which will provide casual and contract workers in Victoria with paid sick and carer’s leave.

The High Court of Australia has handed down two long-awaited appeals regarding the distinction between employee and independent contractor, ultimately deciding that the answer is to be found in the terms of the written contract, with particular regard for the rights and obligations of the parties under that contract.

In June 2018, the Modern Slavery Act 2018 (NSW) was passed by NSW Parliament however, it was awaiting proclamation and as such had not yet commenced.

For many businesses and residents in NSW and Victoria, the double vaccination rates are being closely followed in anticipation for what is being referred to as “Freedom Day”.

Given the rapidly changing employment landscape last year, it was easy for employers to forget that in March 2020, some modern awards were varied to include provisions relating to annualised wage arrangements.

In response to the COVID-19 pandemic, the Full Bench of the Fair Work Commission amended the Clerks – Private Sector Award 2020 in March 2020 to include temporary measures to facilitate working from home arrangements.

The Federal Circuit Court of Australia has rejected an employee’s claim that she was discriminated against because of her pregnancy and potential pregnancy.

The Queensland Government recently passed legislation amending the Criminal Code Act 1899 (the Code) to criminalise wage theft by employers in Queensland.‍The Criminal Code and Other Legislation (Wage Theft) Amendment Bill 2020 (the Bill) was introduced to the Queensland Parliament in response to a Report released in 2018 by the Queensland Parliamentary Education, Employment and Small Business Committee following an inquiry into wage theft in Queensland. The Report identified critical issues in wage theft as well as deliberate action taken by employers to frustrate employees’ attempts to recover entitlements.

In our August webinar, our Managing Director and Principal, Athena Koelmeyer, discussed the challenges faced by modern employers when managing workplace behaviour. In that webinar, Athena examined a number of recent unfair dismissal decisions of the Fair Work Commission which provide some good guidance for employers.

‍NEWS ALERT - Paid Pandemic Leave introduced into Health Sector Awards Over the course of 2020, the Full Bench of the Fair Work Commission (the Full Bench) has heard and determined applications to vary modern awards to deal with the COVID-19 pandemic.

Adverse action – the workplace right to make a complaint about employment, the reverse onus on the employer, Unfair dismissal – the minimum employment period, summary dismissal and other factors to be considered

Cases and Legislation June 2020 NEWS ALERTS NSW Work Health Safety Legislation Amendments The Work Health and Safety Act 2011 (NSW) (WHS Act) was recently amended giving effect to some of the recommendations of the 2018 national review of the modern WHS Act. ...

The Fair Work Commission’s Expert Panel announced on Friday 19 June 2020 the outcome of its annual review of the national minimum wage and minimum wages under the modern awards.

Cases and Legislation June 2020 NEWS ALERTS NSW Work Health Safety Legislation Amendments The Work Health and Safety Act 2011 (NSW) (WHS Act) was recently amended giving effect to some of the recommendations of the 2018 national review of the modern WHS Act. ...

WorkPac Pty Ltd v Rossato [2002] FCAFC 84 - What does this mean for the future of casual employment in Australia? "Casual" employee entitled to paid leave, employer denied casual loading "off set" WorkPac Pty Ltd v Rossato [2020] FCAFC 84 Executive summary...

Cases and Legislation April 2020 NEWS ALERTS Temporary amendments to the Long Service Leave Act 1955 (NSW) In response to the COVID-19 pandemic, the NSW Parliament passed a set of temporary amendments to the Long Service Leave Act 1955 (NSW) to introduce greater...

From 1 March 2020, a number of modern awards were amended to include new provisions dealing with annualised salary arrangements. In this special edition e-update we provide a summary of these changes, outline what employers should be doing and what the changes mean for employees.

Cases and Legislation February 2020 Post-Employment Conduct “Ex-employee fined for contempt after breaching Court undertakings" Maxilift Australia Pty Ltd v Donnelly [2020] SASC 8 Executive summary A former sales manager has been fined $7,115 and found in contempt of...

Sexual harassment and discrimination in the workplace, Consequences of recording keeping failures

Industrial manslaughter and work health and safety, disability and reasons for dismissal

Drunkenness and vomiting at after work drinks did not justify employee's dismissal.

Employers' duty of care for employees, duty of care and contributory negligence, workers compensation and working from home, multiple roles and overtime, general protections and reason for adverse action.

Employee conduct and codes of conduct, employers’ liability and employee out-of-hours conduct, employer in breach of privacy laws, redundancies and suitable alternative employment, workplace bullying and disciplinary action

Workplace investigations and the disciplinary process, labour hire company convicted, review of Miscellaneous Award 2010, recruitment, criminal records and discrimination, sports Law - player suspensions and stand downs

Work Health & Safety, Employment Issues, Modern Awards, Discrimination & Harrassment

Employment Issues, Adverse Action & Unfair Dismissal, Industrial Issues

Modern Awards, employment issues, industrial issues, Bullying, Harassment and Discrimination, Work Health & Safety, Worker's compensation.

What is Casual Employment? Recent developments, possible claims, action plan.

Casual Employment, Supply Chain, Contracts, Gig Economy, Restraints of Trade, Enterprise Agreements, Work Health & Safety.

In our Guide we discuss some of the more interesting cases involving work social functions and offer you practical tips on how to plan and host a work social function and best practice strategies for dealing with the aftermath of an event gone wrong.

Employment Issues, Modern Awards, Unfair Dismissal / Adverse Action, Work Health and Safety, Workers Compensation

Employment Issues, Industrial Issues, Bullying, Harassment and Discrimination, Unfair Dismissal / Adverse Action, Modern Awards, Workers Compensation

Employment issues, industrial issues, bullying, Harassment and Discrimination, Work Health & Safety, Workers Compensation

Employment Issues, Adverse Action and Unfair Dismissal

Employment Issues, Unfair Dismissal/Adverse Action

National minimum wage increase (award/agreement-free employees), Minimum wages in modern awards, What does the annual wage review decision mean for employers?

Conduct and behaviour in the workplace, Strategies for employers

Employment Issues, Industrial Issues, Unfair Dismissal/Adverse Action

In this January 2018 edition of “Workplace Relations Review – Cases and Legislation” we identify three key areas on which we suggest employers should focus in 2018.

Full Bench finds that wearing campaign material and badges alone is not industrial action; Casual employee compensated for breach of casual conversion clause; No major change for consultation purposes where just 23 out of 3,000+ employees face possible redundancy; Teacher charged and later acquitted of indecent assault was unfairly dismissed; Employee convicted of WHS offence for activity at client’s premises; NSW WCC says workplace gossip

With Christmas only 6 weeks away, it is important for employers to plan and confirm their Christmas/New Year close down. Decisions must be made as to whether to close down at all and, if so, when the close down will commence and when to give employees notice.

The end of year silly season is seen by employees as that time of the year where they can let down their hair, celebrate with their colleagues and reward themselves for their hard work. Unfortunately, the silly season is also a time that is fraught with risks for employers.

Update – New Fair Work laws protecting vulnerable workers commence; Jewish law incorporated into Rabbi’s contract; Broker ordered to pay damages after breaching post-termination restraints; Moving a redundancy date forward found to be adverse action; Employer found to have dismissed employee because of pregnancy, not as a result of document formatting errors; Alert – Queensland to introduce ‘Industrial’ Manslaughter Offence; Employer fined under WHS laws following a fatal forklift accident; Managerial inaction and mistreatment caused psychiatric injury; Alert – New pay deal for players in the W-League

Post-employment restraints unenforceable following employer’s repudiatory conduct; FWC Commissioner on a mission to set employers’ termination processes straight; Constructive dismissal from reduction in shifts; Full Bench finds that labour hire employee who was denied host site access was unfairly dismissed; Bullying application dismissed: Conduct was not repeated unreasonable behaviour; Employer agrees to $1.5 million Enforceable Undertaking

Union Right of Entry; Permit Holders; Right of Entry; Entry Notices; Requirements for Union Officials; Requirements for Employers; Sydney FC Extend Partnership With Workplace Law

Coming soon – Casual conversion clause; FWC rejects ATCU family and domestic violence leave clause but leaves door open for narrower family and domestic violence leave entitlement; Employee reinstated after employer failed to make reasonable inquiries regarding return to work; Coming soon – Amendments to WHS law in NSW – New penalties for repeat offenders

The Fair Work Commission (FWC) has announced the outcome of the Annual Wage Review (AWR) and in a separate decision, the Full Bench of the FWC has set out the arrangements for the reduction in Sunday and Public Holiday penalty rates.

For employers, the decision to make significant changes to the way a business operates is a difficult one – especially where positions are made redundant. This makes an already challenging time even more difficult emotionally and financially.

Workplace Law is excited to announce it has been named as an Employer of Choice in the 2017 HRD Employer of Choice Awards.

To help your company to be an ‘employer of choice’ for your current and prospective employees download our Best Practice Employer Checklist.

The Fair Work Commission introduces changes to the agreement approval process; The Fair Work Ombudsman proposes new Bill to address record keeping for vulnerable workers; Accountancy firm found to be accessorily liable for underpayments; Unions and union organisers penalised for their involvement in unlawful industrial activity; Employer ordered to pay $10,000 in damages to job candidate for discrimination based on mental illness; Injury from rugby league charity match not compensable; Cleanaway fined $650k over Adelaide chemical fire

Worker awarded compensation for heart attack from work-related depression; Security guard fails to establish that work at a hospital is noisy employment; Principal contractor to share liability with employer for crane dogman’s three meter fall; Former business development manager ordered to deliver up electronic devices for examination; ABCC releases new guidance for compliance with the national construction code; NERR changes have now commenced; Full Federal Court decision confirms meetings or discussions could be held in multipurpose area; Deed of release with former employee withstands unlawful discrimination challenge; Mentally ill employee not a victim of adverse action because he failed to be contactable during absence

Update – Delay to changes to late night penalties; VP Watson delivers his decision declining family and domestic violence leave in Modern Awards ahead of the Full Bench decision; Employee’s bid for reinstatement under workers compensation legislation fails; Update – Variations to the Section 173 Notice of Employee Representational Rights; Inappropriate and discriminatory – What questions should employers ask candidates during job interviews?; Refusal to employ applicant with back condition was adverse action by the AFP.

Court of Appeal decision – Host employer not liable for attempted murder by labour hire worker; NSW employer fined over $200,000 for misleading SWMS; Employer fined $120,000 for serious WHS breaches after failing to follow own SWMS; Former NRL player commences first concussion legal action.

FWC Penalty Rates Decision; Update – Senate passes amendments to ABCC legislation; Director and Payroll Manager held personally liable for underpayments; Dismissals unfair as employer failed to consider voluntary redundancy swaps; Update – Enterprise Agreement approval and the Notice of Employee Representational Rights; Employer vicariously liable under anti-discrimination law for sexual assault; Dismissal for ‘tagging’ employees on Facebook was harsh; Inherent requirements of a role must also consider how duties are performed; Club’s dismissal of employee for not being a ‘team player’ did not warrant summary dismissal.

Counselling session was reasonable management action; Consequential condition claim rejected for failure to provide sufficient evidence of ‘overuse’ activities; Host employer liable for worker’s back injury; Employer fined after cutting corners.

The rise of the 'gig' economy brings with it some important legal considerations for employers. This e-update outlines what the 'gig' economy is, relevant information about the 'gig' economy in Australia, an example of a key case and the benefits and risks.

Employee too resistant to change for reasonable redeployment; Roof-tiler found to be an employee and not an independent contractor; Casual labour hire employee found to have entitlement to annual leave; Striking workers penalised by Federal Court for unlawful industrial action; Reasonable test demonstrates employee’s perception of bullying misplaced; Employee reinstated after employer’s investigation process was flawed; Merry Christmas & Happy New Year!

FWC Annual Report released; Reminder – Retail trading on Boxing Day; CFOs post-employment restraints unenforceable; FroYo master franchisor penalised for involvement in workplace law contraventions; High Court provides further guidance on vicarious liability; Employer ordered to pay $1,300,000 compensation in adverse action decision; Employer ordered to disclose confidential investigation report; 2017 Payroll Benchmarking Survey - Now Open.

Out of hours phone call confirmed as reasonable management action; Presidential decision confirms the limits in the use of multiple medical reports in workers compensation proceedings; Employer fined $240,000 following safety incident involving work experience student; The NSW District Court clarifies the application of the primary duty of care.

Australian businesses are required to comply with a range of workplace laws which govern the employment relationship and apply in the employment context. Sporting organisations, like other employers, must also comply with Australian workplace laws regardless of whether employees are professional athletes and whether the “workplace” is the sports field or the locker room.

Silly season is fast approaching and it is time for our annual reminder to employers about the risks associated with end of year functions, events and parties. We also provide some tips on how to minimise the risks before, during and after the event.

Changes to TOIL for Award-covered employees; Annual leave changes for Award-covered employees; FWC Full Bench confirms no scope for discretion with deficient Notice of Employee Representational Rights; FWC Full Bench rules on labour hire employer obligations; Employer’s failure to follow process resulted in unfair dismissal finding; Anti-bullying guides updated by Safe Work Australia; Proposed changes to s18C of the Racial Discrimination Act 1975 (Cth).