Posts: NES

One of the National Employment Standards in the Fair Work Act 2009 (Cth) is the right to request a flexible working arrangement in certain circumstances. In or about mid-2023, the FW Act was amended to give the Fair Work Commission power to conciliate and arbitrate disputes about such requests.

All employees (including part-time and casual employees) will soon have the entitlement to 10 days of paid family and domestic violence leave per year under the National Employment Standards, replacing the existing entitlement to five days of unpaid family and domestic violence leave.

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.

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.

In March 2021, the casual employment amendments to the Fair Work Act 2009 (Cth) (FW Act) introduced a new statutory definition of “casual employee” and an entitlement to casual conversion as one of the National Employment Standards (NES).

On 2 September 2021, the Federal Parliament passed the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 (the Bill).

The general protections provisions under the Fair Work Act 2009 (Cth) (FW Act) provide protections against adverse action which is taken for a prohibited reason. Prohibited reasons for taking adverse action include situations where a person has a workplace right and exercises (or proposes to exercise) that right. Workplace rights include the right to utilise leave entitlements under the FW Act.

One of the National Employment Standards (NES) under the Fair Work Act 2009 (Cth) (FW Act) is the entitlement for employees in particular circumstances to request a flexible working arrangement with their employer. Such requests can only be refused by employers on reasonable business grounds.

The Full Court of the Federal Court of Australia recently handed down a decision that is likely to have significant impacts on the accrual and taking of personal/carer’s leave, not to mention the management of the entitlement by employers.