Employment Policies
A matter of respect – What the Government’s response to the Respect@Work Report means for employers
30 April 2021
On 8 April 2021, the Prime Minister and Attorney General publicly endorsed the recommendations of the Respect@Work Report commissioned from the Sex Discrimination Commissioner, Kate Jenkins. Of most interest to employers was the Federal Government’s commitment to ‘simplifying and strengthening the legal framework, existing rights and obligations for employees and employers’. What to expect Some […]
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The Fair Work Commission (FWC) has delivered a much-awaited decision, determining that an employee who refused to receive a flu vaccination was not unfairly dismissed. The case provides guidance to employers about when policies mandating vaccines, including COVID-19 vaccines, may be lawful and reasonable. Background The employee, Ms Barber, had been employed by Goodstart Early […]
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Mondelez, and common sense, prevail in High Court’s decision on personal/carer’s leave
19 August 2020
After some years of uncertainty, in a landmark decision[1], the High Court has clarified that: paid personal/carer’s leave under the National Employment Standards (NES) is calculated based on an employee’s ordinary hours of work; and ’10 days’ of paid personal/carer’s leave is to be calculated as 1/26 of an employee’s ordinary hours of work in […]
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FWC amends Clerks Award to enable clerical employees to work more flexibly during coronavirus outbreak
31 March 2020
On 28 March 2019, the Fair Work Commission (FWC) granted an application to vary the Clerks – Private Sector Award 2010 (Clerks Award). The variation inserted a new Schedule 1 to the Clerks Award, which will expire on 30 June 2020, unless extended. As noted in the FWC’s Determination, the variations ‘are aimed at preserving […]
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The Federal Parliament has passed legislation which will primarily amend the Corporations Act 2001 (Cth) and the Taxation Administration Act 1953 (Cth) to consolidate and broaden the existing protections and remedies available to whistleblowers. What is a whistleblower? Put broadly, a whistleblower is a person who ‘blows the whistle’ – essentially, takes it on themselves […]
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As people return from holidays and schools start again, the commercial year begins… A number of developments that occurred in the employment/industrial regulatory landscape in 2018 will impact on how you do business in the year ahead. You may be aware of and ready for all of them – but just in case, we have […]
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From 1 November 2018 employers in Victoria need to be ready for significant changes to long service leave (LSL) accruals, greater flexibility around taking LSL and increased enforcement / compliance powers when the Long Service Leave Act 2018 (Vic) (2018 LSL Act) takes effect. LSL accrued before the 2018 LSL Act commences will not be […]
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Organisational liability for child abuse – changes in NSW
4 October 2018
The NSW Government has proposed legislation that will bring about substantial change to the liability of organisations in respect of incidents of child abuse (both sexual and physical) and which will, if passed, require organisations to review their policies and guidelines that are relevant both where employees, and parties other than employees, engage and interact […]
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On 16 August 2018, a Full Federal Court of Australia confirmed the importance of properly characterising the nature of a casual employment relationship. The decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131 (Workpac) also shone a searing light into the practice and common misunderstanding of the risks of using ‘permanent casuals’. Paul Skene […]
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Managing long-term absentees is possibly the most difficult workplace challenge for employers. A recent decision of the Fair Work Commission (FWC) unfortunately maintains an element of uncertainty for business. When confronted with an employee who has taken a lengthy period of absence that is not covered by workers compensation or that goes beyond accrued leave […]
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