Mandatory Vaccination under Public Health Orders in Victoria
State governments in Victoria and New South Wales are preparing to move into the next phase of the COVID-19 re-opening roadmap.
State governments in Victoria and New South Wales are preparing to move into the next phase of the COVID-19 re-opening roadmap.
State governments in Victoria and New South Wales are moving into the next phase of their COVID-19 re-opening roadmap.
Last month, we published a reminder that the deadline for assessing casual employees’ eligibility for conversion to permanent employment and making an offer (or ‘non-offer’) was fast approaching. All employers of casual employees (other than ‘small business employers’) were required to complete a number of actions prior to the 27th of September 2021 deadline, including assessing and notifying casual staff about whether they are eligible for casual conversion under the Fair Work Act 2009.
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There are many different reasons as to why a business may be employment non-compliant and/or underpay its employees. Often an important factor is the industry that a business operates in, which can impact on the systems they use or even how complicated their employment obligations can be.
Note: This article has been update to reflect recent changes to the Health Orders put forward by the NSW Government. Please review this new information in line with your current practices to ensure you are complying with the updated government advice. Current as at 31/08/2021.
Employers must use an employee’s existing super fund, if they have not nominated any other fund via a super choice form. The stated purpose is to reduce super fragmentation for employees, which can lead to multiple sets of fees.
In late March 2021, the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Amendment Act) passed both Houses of Federal Parliament, amending the Fair Work Act 2009 to include reforms to workplace rights and obligations for casual employees.
The Small Business Fair Dismissal Code (the ‘Code’) only applies to small businesses as defined under the Fair Work Act 2009 (Cth), which are those with fewer than 15 employees. In addition, for small businesses, employees are not entitled to claim Unfair Dismissal in the first 12 months of their employment. It is therefore important that small businesses ensure employee dismissals are consistent with the Code to avoid getting involved in an unfair dismissal case which may go against them.
As Australian employment law develops, it becomes harder for employers to keep up with it. Employees are becoming more aware of their workplace rights too. Therefore, employers must ensure that they understand their obligations when it comes to dismissing employees, reducing the risk of an unfair dismissal or other claim, such as a General Protections claim.