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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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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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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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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Further employment law changes proposed: the Protecting Worker Entitlements Bill

On 29 March 2023, the Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 (the Bill) was introduced into Parliament by the Federal Government. It seeks to promote job...

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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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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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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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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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COVID-19 mandatory vaccinations in clinical and healthcare settings

Medical experts consider that the Delta strain is up to 40% more contagious than the previous strain of COVID-19, which significantly elevates the amount of risk to workers in sectors like health...

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Sexual harassment: now squarely a Work Health and Safety issue

Safe Work Australia has released new national guidance on preventing and responding to workplace sexual harassment (Guide). The release of the Guide is just one of a number of significant...

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Industrial manslaughter in the Queensland coal industry

The industrial manslaughter provisions commenced on 1 July 2020 with amendments made to a number of Mineral and Energy Resources legislative instruments including the Coal Mining Safety & Health...

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Major changes to IR laws – what you need to know

On 9 December 2020, the Attorney General tabled a new bill (the Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2020) which proposes significant changes to the Fair...

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Common sense prevails for personal leave: High Court decision in Mondelez

The High Court of Australia handed down its much awaited decision about personal leave entitlements in Mondelez Australia Pty Ltd v AMWU & Ors and Minister for Jobs and Industrial Relations v AMWU ...

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Labour hire – contractors or employees?

Following on from the May 2020 Full Federal Court decision in Rossato, in July 2020 the Full Federal Court handed down its judgment in another labour hire case, Construction, Forestry, Maritime...

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Review your workplace COVID Plan

Yesterday’s announcement by the Victorian Premier of the Stage 4 restrictions for workplaces means it is timely for employers to review their COVID Plan.

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New Wage Theft Bill Passed by Victorian Parliament

With much recent debate at the Federal and State level about criminalising employee underpayments, on 16 June 2020, the Victorian Parliament passed the Wage Theft Bill 2020.

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Industrial manslaughter introduced in Queensland resource sector

Amendments to safely legislation in the Queensland resource sector introduce the new criminal offence of industrial manslaughter. In addition, the Coal Mining Safety and Health Act 1999 (Qld) will...

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WorkPac Pty Ltd v Rossato

Last week, the Full Court of the Federal Court of Australia handed down the decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 dismissing WorkPac’s application for a declaration that Mr Rossato...

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Returning to work under COVIDSafe workplace plans and other recent trends

Last week the Australian Government announced a three step framework for a COVIDSafe Australia.

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FWC announces intent to temporarily amend Awards to provide new leave benefits

On 1 April 2020, the FWC announced a provisional view that it will amend 103 modern awards to include a new temporary Schedule that will operate until 30 June 2020, subject to review by the...

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