Paid parental leave changes
Legislation has been passed to boost Paid Parental Leave (PPL) by an additional 2 weeks. This is the first tranche of changes with further amendments expected to be introduced before July next year.
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Fair Work Act Prohibition on sexual harassment has commenced
When are the changes happening?
The introduced prohibition on sexual harassment from the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 has now come into force. The prohibition applies where the sexual harassment occurred, or is part of a course of conduct that commenced, on or after 6 March 2023.
Transfer of business: employee entitlements
When an employee has a change in their employing entity, such as when a business is on-sold, it can be difficult to understand what happens to an employee’s existing employment entitlements. This article aims to summarise how these entitlements are treated when a transfer of a business occurs.
Legal action against franchisor: how to protect your franchise business
For the first time, the Fair Work Ombudsman is taking legal action against a franchisor (in the hospitality and restaurant industry) for failing to ensure compliance by its franchisees. The franchisor is accused of being responsible for the non-compliance of eight franchise-operated outlets and the underpayment of 9 workers, amounting to a total of $32,321.
What is causing underpayments of employees’ wages?
Australia has 120 Modern Awards, plus many enterprise bargaining agreements in place, to ensure employees are paid fairly for their work. Within these awards and agreements there are many provisions relating to different penalty rates and entitlements employers must provide to their employees. When these provisions aren’t met, employees can be underpaid their correct wages.
What is a whistleblower policy and do I need one?
Whistleblowing has become an important consideration for not only large businesses, but businesses of all sizes. Whistleblower laws were brought in under the Corporations Act 2001 (and other laws) and created a legal obligation for many larger businesses to have a whistleblower policy. However, the benefits of utilising a whistleblower policy, as a means to receive any concerns or complaints, goes much beyond merely complying with the law.
$3 million Fine for Industrial Manslaughter
Industrial manslaughter is a criminal offense that occurs when a person or a company causes the death of an employee or a member of the public due to negligent conduct. In Australia, the issue of industrial manslaughter has been a topic of concern for many years, with a number of high-profile cases highlighting the need for stronger laws to hold employers accountable for workplace deaths.
Respect@Work laws passed by Federal Parliament
The Anti-Discrimination and Human Rights Legislation Amendment (Respect At Work) Bill 2022 has recently passed Federal Parliament. This legislation seeks to implement a further 7 of the 55 recommendations of the Australian Human Rights Commission’s Respect@Work Report.
Wage theft laws result in the first criminal charges
The first criminal charges relating to wage theft have been laid by the Wage Inspectorate Victoria (WIV), marking a significant point in the fight against employee underpayments.
Paid Family and Domestic Violence Leave inserted into the Fair Work Act
The Federal Government has introduced paid family and domestic violence (FDV) leave into the Fair Work Act. The Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 provides 10 days of paid FDV leave to full-time, part-time and casual employees from 1 February 2023, and from 1 August 2023 for small businesses (defined as a business with less than 15 employees).