Pay Secrecy Laws – Action Required
December 19, 2022
The explanatory memorandum for the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 provides the following overview:
Respect@Work laws passed by Federal Parliament
December 15, 2022
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
December 15, 2022
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
November 22, 2022
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).
What has changed under the ‘Secure Jobs, Better Pay’ industrial relations reforms?
November 16, 2022
The Federal Labor Government has introduced their industrial relations reforms through their Secure Jobs, Better Pay Bill which has now been passed and is also known as the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022. In this legislation there are a number of key changes that businesses will have to adapt to, now that it has been passed. These changes impact various diverse areas, from enterprise bargaining to sexual harassment prevention. Note: This is updated as of 22/02/2023.
The requirements for a ‘genuine redundancy’
October 28, 2022
Recently a company was making an employee redundant due to a restructure of the business. You think this is a straightforward exercise? But for an Award or Agreement covered employee you have to get the formal consultation process right! Unfortunately the company failed to do so and had to go to the trouble of running an unfair dismissal case. In this article we explain the ‘genuine redundancy’ requirements, and the formal steps the employer has to follow to avoid an unfair dismissal case.
Important Federal Court Ruling Clarifies How to Calculate Personal Carer’s Leave (PCL)
September 6, 2022
On 21 August 2019 the Federal Court of Australia (Mondelez v AMWU [2019] FCAFC 138) delivered a landmark yet controversial judgement (Mondelez v AMWU 2019); in relation to ‘what is and how to calculate personal & carer’s leave (PCL) per the Fair Work Act 2009’.
Changes to the Fast Food Industry Award – Fair Work Commission’s Four-Yearly Review 2022
August 2, 2022
As part of the finalisation of the very long-running Fair Work Commission 4 Yearly Review of Modern Awards, some additional drafting changes to the Fast Food Industry Award have now been finalised.
Everything you need to know about whistleblowing
July 18, 2022
What is whistleblowing?
The act of whistleblowing involves identifying and calling out misconduct and harm to consumers and the public. Whistleblowers are mainly covered by the Corporations Act 2001 (Cth) (Corporations Act) which provides them legal rights and protections, although other legislation can also protect them.
Does unpaid leave extend the minimum employment period (probation period) in relation to unfair dismissal claims?
July 8, 2022
Most employers now conveniently align the probation period under their contracts of employment to the minimum employment period under the Fair Work Act 2009 (the Act).
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