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Employment, Workplace Relations and Safety

Australian Pharmaceutical Industries

Advising Australian Pharmaceutical Industries (Priceline) on performance management programs; dealing with long-term absentee employees; and enterprise agreements at distribution centres across Australia.

KEY PEOPLE:

Melbourne

Mark Branagan

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Costs burden removed for (most) applicants in workplace sexual harassment and other discrimination claims

The Federal Parliament has amended the Australian Human Rights Commission Act 1986 (Cth) to insert a modified ‘equal access’ cost protection provision for federal unlawful discrimination court proceedings.

New rights and protections for regulated workers

New workplace laws due to take effect this month are set to bring non-employees who work with digital platforms like food delivery apps and in the road transport industry under the umbrella of the Fair Work Commission.

Working every Sunday doesn’t mean you get an extra holiday – clarifying the definition of 'seven day shiftworker'

The Fair Work Commission recently found that dairy workers are not 'seven day shiftworkers' even though they work on weekends, if they do not work regular shifts rotating across all seven days.

The new Right to Disconnect – what it means for employers

The new employee 'right to disconnect' is the most controversial aspect of the Federal Government's recent reforms to workplace laws. We examine what it means for employers and what they need to do next.

Greater protections for workers as Parliament passes Loopholes No 2

The Fair Work Legislation Amendment (Closing Loopholes No 2) Bill 2024 was passed by parliament on 12 February 2024. The Loopholes 2 Bill makes significant amendments to the Fair Work Act 2009 (Cth) which are designed to provide greater protections to employees and other 'employee like' workers.

Greater flexibility for parents

Significant changes to parental leave have been introduced that represent a transformative step towards striking a healthy work-family balance and fostering family support for employees.

High Court confirms Qantas's decision to outsource airport ground handling was unlawful

Following the High Court of Australia's decision that Qantas had unlawfully outsourced the jobs of nearly 1700 ground handlers, employers are on notice that they cannot take adverse action against employees based on their future or potential workplace rights.

Overtime changes to the Professional Employees Award 2020: The countdown is on!

Further changes to overtime pay requirements will become effective on 16 September 2023. At that time, many (but not all) PE Award-covered employees will become entitled to payment at specific rates of pay for additional hours of work.

Detangling the Fair Work Amendment - Closing Loopholes Bill

The end of financial year means changes to minimum wage and award rate wages in July.

Vicarious liability update – the shocking case of Schokman

The High Court has held that an employer was not vicariously liable for its employee's actions in urinating on a co-worker in their shared accommodation.

Miscellaneous Award coverage to be clarified at long last – but who will be covered?

Have you ever wondered which employees are covered by the Miscellaneous Award 2010? You are not alone.

Parliament passes casual worker definition and addresses casual employment uncertainty

There has been significant press around the government's agenda to reform large parts of the Fair Work regime, most of which failed in the Senate.

Navigating the fall-out from the High Court's ruling in Rossato: Who is a casual employee?

The High Court has clarified the common law 'test' for determining whether an employee is a casual employee under the Fair Work Act 2009 (Cth) (FW Act)

Mondelez - and common sense - prevail in High Court's decision on personal/carer's leave

The case concerned the leave entitlements of two full-time shift workers employed by Mondelez at its Cadbury chocolate plant at Claremont, Tasmania.

EOFY payments and penalties update - are you ready?

The end of financial year means changes to minimum wage and award rate wages in July.

In a fix: the new limits on use of fixed term contracts under the Fair Work Act

A significant change to Australian workplace laws that is fast approaching is the introduction of new restrictions on the use of fixed term contracts.

Contractual set-offs you can Bank on: Latest Full Federal Court decision endorsing set-offs in defence of underpayment claims

We pay over the Award, so it doesn’t apply’ is probably the most common mistake in employment law.

Vaccination requirements – when are they lawful and reasonable?

As the pandemic continues to plague us, there have been some developments in courts and tribunals over the summer that shed light on the question of the lawfulness and reasonableness of vaccination requirements introduced by employers.

Show me the contract! High Court decisions on who’s an employee and who’s a contractor

Consistent with its recent judgment on casual employment in Workpac v Rossato, the High Court of Australia has locked in the primacy of the contract in assessing whether a worker is an employee or an independent contractor.

Pandemic forces courts to consider meaning of ‘stoppage of work’

Before the COVID-19 pandemic, many employers were not aware of section 524 of the Fair Work Act 2009 (Cth) (FW Act), which enables an employer to stand down an employee, without pay, if the employee cannot be usefully employed.

Changes to SCHADS Award from 1 July

Significant amendments to the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award) will take effect from the first pay period on or after 1 July 2022, putting into effect the Fair Work Commission’s determination of earlier this year following its four yearly review.

More hurdles for employers as racing club saddled with massive damages award

In a record-breaking judgment, the Federal Court has delivered an eye-watering compensation award of over $2.2 million to an employee arising out of a general protections (adverse action) claim.

Increases to Award rates commencing 1 October

Earlier this year the Fair Work Commission ordered an increase to minimum rates in Awards of 4.6% (or $40 per week for wage rates below $869.60 per week).

Aldi liable to pay for pre-shift checks

Employers may need to pay employees for time they spend at work performing essential pre-start tasks before a shift, in light of a recent Federal Circuit and Family Court decision.

New Government, new IR laws – Albanese Government introduces first Bill for significant IR reform

The ALP federal government has released its much anticipated first tranche of industrial relations reform.

‘Direct care’ aged care workers receive interim 15% pay rise

A Full Bench of the Fair Work Commission has awarded ‘direct care’ workers a 15 per cent increase to the minimum rate, marking a significant shift in the value of the work of registered nurses, enrolled nurses and personal care workers in residential aged care over the past two decades.

Express duty to manage psychological risks to work health safety and wellbeing in Queensland from 1 April 2023

Changes to Queensland’s Work Health and Safety Regulation 2011 introduce an express duty to manage psychosocial risks from 1 April 2023.

Respect@Work: Amendments to sexual harassment laws

This week, federal Parliament made significant changes to sexual harassment laws by amending the Sex Discrimination Act 1984 (Cth) (SDA).

Secure Jobs, Better Pay? – A lot more than we bargained for

As we noted in our previous recent blogs (see here and here), the changes made to the Australian workplace regulation system by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amendment Act) are wide-ranging.

Secure Jobs, Better Pay: some overlooked, but significant, changes

The end of long-term maximum or fixed term contracts, unlocking pay secrecy clauses and a new paid entitlement to family and domestic violence leave

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