Insights

Closing Loopholes No 2 Bill – new laws regarding casuals, contractors and the right to disconnect

The second round of the Federal Government’s “Closing Loopholes” amendments to the Fair Work Act 2009 (Cth) (FW Act) were passed by Parliament on 12 February 2024 and received Royal Assent on 26...

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Recent work health and safety developments

All employers should now have implemented measures to discharge their obligation to take reasonable steps to eliminate sexual harassment and other unlawful conduct in the workplace given the...

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Closing Loopholes Bill: partitioned and passed

Following a deal with crossbench Senators Jacqui Lambie and David Pocock, the Senate split the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill). As a consequence, the first...

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Getting ready for the new positive duty on employers to eliminate sexual harassment

In the lead up to 12 December 2023, employers should ensure they have robust systems in place to comply with their new positive duty obligations.

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Untangling the Closing Loopholes Bill

This week, the Federal Government introduced the long awaited Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill).

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Employment law compliance checklist for secure jobs better pay and Respect@Work

On 30 June 2023, the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 (Act) received Royal Assent.

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Key employment monetary changes from 1 July 2023

The start of the new financial year brought about a number of changes to employment law monetary requirements in Australia, including with respect to superannuation, civil penalties and minimum...

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Are non-compete clauses for employees anti-competitive?

‘No-poach’ or ‘non-compete’ clauses are used widely by Australian companies to prevent the leakage and misuse of employer’s information and loss of key client and supplier relationships. Companies...

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Employer must request employees to work on public holidays

The Full Court of the Federal Court of Australia in Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd recently confirmed that in order to comply with the National...

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ASIC’s first whistleblower prosecution under the Corporations Act and guidance as to good practice

The Australian Securities and Investments Commission (ASIC) has sent a strong message to companies and their officers that it is starting to enforce whistleblower protections in its first case...

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Enforcement of new sexual harassment obligations and pay equity developments

Following the implementation of the recommendations in the Respect@Work: Sexual Harassment National Inquiry Report (2020) to amend work health and safety (WHS) obligations, WHS regulators are now...

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Respect@work reforms required to be implemented by employers in 2023

On 12 December 2022, the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 received royal assent. The Act implements the remaining seven recommendations for...

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Getting ready for the Secure Jobs, Better Pay Changes

The Government is moving quickly on its workplace and diversity reform agenda by introducing the Secure Jobs, Better Pay Bill 2022 (the Bill). The Bill, which significantly amends the Fair Work Act...

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Jobs and Skills Summit – Key Proposed Outcomes

The Jobs and Skills Summit held in Canberra last week proposed a long list of reforms and other actions categorised as “immediate actions”, “areas for further work” and “complementary existing...

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Labor introduces first IR changes

Labor Government has introduced to parliament legislation amending the Fair Work Act 2009 (Cth) to provide an annual, non-accumulating, entitlement to 10 days’ paid family and domestic violence...

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Getting ready for 1 July - What employers need to know

As we approach 1 July, it is important to assess changes in the employment landscape for the next financial year.

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New South Wales’ new sexual offence laws

On 1 June 2022, the Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021 (NSW) (Act) came into effect, implementing changes to the Crimes Act 1900 (NSW) (Crimes Act) in relation to...

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Managing workplace psychosocial hazards

Recent legislative developments and a High Court decision confirm that workplace behaviours are now squarely a work health and safety issue and that employers have ongoing obligations to identify...

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Labor Government’s Workplace Relations and Diversity Agenda: What business needs to know

With the Australian Labor Party forming a majority government, it’s important for business to reflect on the ALP election commitments regarding diversity and workplace relations reform and consider...

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Federal Election 2022 – Workplace Relations Reform Agendas of Coalition and ALP

With the 2022 federal election this week, we summarise key workplace relations policies put forward by the major parties and implications for employers. The Liberal-National Coalition (Coalition)...

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Mandatory vaccination and other updates (VIC)

The beginning of 2022 has given rise to a number of developments in employment law, particularly in the mandatory vaccination space. In this update, we deal with recent changes to the Victorian...

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COVID Vaccination Mandates: Consultation is key in BHP Case

On 3 December 2021, the Full Bench of the Fair Work Commission handed down its long-awaited decision about whether BHP’s Site Access Requirement, as implemented by a member of the BHP Group, Mt...

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Rossato a casual employee - an end to the casual classification circus?

The High Court has today handed down its landmark decision in WorkPac Pty Ltd v. Rossato & Ors, and overturned the Full Federal Court decision of May 2021 by finding that Mr Rossato was a casual...

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Employer COVID-19 vaccine promotions and giveaways

As the race to vaccinate 80% of the Australian population against COVID-19 commences, employers are considering what role they can play to ensure restrictions are eased and employees are safe.

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Mandatory COVID-19 vaccinations in the workplace

The Delta strain significantly increases the risk to the community and to workers. This is especially the case in sectors like health care and aged care, but is also becoming increasingly relevant...

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