A recent decision surrounding BHP’s in-house labour hire company confirms that employers must request for employees to work public holidays, instead of unilaterally deciding to roster them on a public holiday.
Changes to the current gender equality reporting under the Workplace Gender Equality Act (WGE Act) have passed Federal Parliament. The Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Bill 2023 now will require the WGE Agency (WGEA) to divulge the gender pay gaps of individual companies with 100-plus employees next year, drawing on data already provided by employers.
Similar to what happened in 2022, the Northern Territory will observe Easter Sunday as a Public Holiday in 2023. While the Public Holidays Act 1981 (NT) does not contain Easter Sunday as a permanent public holiday, section 6 of the Act allows the Minister for Employment to gazette additional public holidays. As a result, Easter Sunday 9 April 2023 will now be considered a public holiday observed in the Northern Territory.
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.
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.
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.
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.
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.
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.
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.
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