NSW has become the latest state to introduce new legislation increasing the consequences for employers who fail to abide by the Work Health and Safety Act 2011. This is following the federal Government’s introduction of the ‘Closing Loopholes’ legislation, which had a significant workplace health and safety component that proposed laws such as:
Mental health has been a hot topic in our society generally over the past few years, especially after we started to emerge from the pandemic induced lockdowns. These trends in society have been mirrored recently by regulatory bodies across Australia creating various safety regulations, frameworks and codes of practice, meaning that employers now have much more responsibility surrounding mental health risk factors in their workplaces.
The Fair Work Ombudsmen has alleged a franchisor (Bakers Delight) has legal liability over its franchisee’s underpayments under the Franchisor liability provisions in the Fair Work Act. This is only the second time that this has occurred and is a significant case that all franchisors should be looking at carefully.
The phrase “shutdown” has typically been defined as a period when a business temporarily closes operations. Shutdowns typically occur over Christmas, or some other holiday period, in businesses that operate seasonally, or in the event the business needs to close for maintenance. Generally, employees are made to take either paid or unpaid leave and don’t have much flexibility or choice in this area.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 put into force key amendments for the sunsetting of so-called ‘Zombie’ agreements.