No flexibility in legislative compliance – FWC hands down its first flexible working arrangements dispute decision
On 10 November 2023, the Full Bench of the Fair Work Commission (FWC) handed down its first decision under sections 65B and 65C of the Fair Work Act 2009 (Cth) (Act) which deals with disputes about requests for flexible working arrangements.
Industrial and Workplace Relations Update – Closing Loopholes Bill (Part 1)
A third piece of legislation has now been introduced to Parliament by the Government in the form of the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill). It follows the ‘Secure Jobs, Better Pay’ and ‘Protecting Worker Entitlements’ legislation which are both now in operation.
The Bill as its title suggests intends to close loopholes existing in the Fair Work Act 2009 (Cth) (Act) which allow underpayment and substandard conditions to be imposed on a range of workers. This article highlights the key changes proposed by the Bill relating to employment relationships that both employers and employees ought to be aware of, should the Bill be made into law.
Outcomes from the Fair Work Commission’s first sexual harassment dispute matter
An outcome has been reached in one of the Fair Work Commission’s (FWC) first sexual harassment dispute cases, which involves a new method to deal with sexual harassment disputes within the FWC introduced earlier this year as part of the ‘Secure Jobs Better Pay’ amendments to the Fair Work Act 2009 (Cth) (Act).
Latest PABO developments. Does a social media post constitute protected action?
To understand what a Protected Action Ballot Orders or PABO is, we must first consider it through the prism of industrial action.
Woman fired after a cyber review into her work from home activity showed she wasn’t typing enough
The Fair Work Commission (FWC) has recently handed down an unfair dismissal decision in Suzie Cheikho v Insurance Australian Group Services Limited [2023] FWC 1792. This decision serves as a reminder to employees that they must still attend to their expected duties and ‘work’ when working from home.
The second round of workplace and industrial relations reforms under the Albanese government have passed
The second round of workplace and industrial relations reforms under the Albanese government have passed – the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 (Cth)
Employers beware of the hasty and in the heat of the moment resignation
Employers must ensure that they do not action “hasty and in the heat of the moment resignations”. If actioned immediately it may be found to be a dismissal that is harsh and disproportionate.
Upcoming changes in the workplace and industrial relations space starting financial year 2023-24
The upcoming financial year 2023-24 is bringing numerous changes to laws, wages, entitlements and benefits in the workplace and industrial relations space. This article details the important changes that both employees and employers should be aware of.
A simple guide to employee award coverage
Modern awards, such as the General Retail Industry Award or the Social, Community, Home Care and Disability Services Industry Award for example, are legally binding instruments that set out a range of minimum terms and conditions of employment for employees that are covered by the relevant award.
Public holiday work – the important difference between requesting and requiring employees to work
The Full Court of the Federal Court of Australia has recently handed down a decision relating to public holiday work and the requesting of employees to work on these days. The findings clarify the procedure that employers must follow if they want employees to work on public holidays and serve as a reminder that it is an employee’s legislative entitlement to be absent on a public holiday unless the proper procedure is followed.
Employer found to have taken adverse action against Union delegates by making them redundant
In the recent Federal Circuit and Family Court Decision of Australian Manufacturing Workers Union v United Lift Services Pty Ltd [2023] FedCFamC2G 275 (17 April 2023), it was found that the employer took adverse action against two union delegates (employees) when it retrenched them 4 hours before the deadline for voluntary redundancies.
Paid Family and Domestic Violence Leave Entitlement Comes Into Force
New changes to the Fair Work Act 2009 (Cth) (FWA) as of 1 February 2023 have introduced paid family and domestic violence (FDV) leave for employees who are dealing with the impacts of FDV.
FWC delivers another employee v independent contractor decision, post High Court ruling in Personnel Contracting
The FWC has recently delivered a ruling involving an analysis of an employee v independent contractor relationship post the High Court’s landmark decisions of Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 (Personnel Contracting) and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 (Jamsek) in this area last year.
HR Manager misled FWC to get EA approved
The Fair Work Commission (FWC) is presently considering referring the head of human resources for hospitality giant Mantle Group to the police after finding that he purposefully lied about a pay deal that deprived hundreds of workers of their penalty rates.
Pay secrecy clauses now prohibited – one of many changes courtesy of the Secure Jobs, Better Pay Act
With the recent passing through both houses of Parliament of new legislation in the form of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (the Act), a raft of changes to the Australia workplace relations landscape are already in effect.
Respect@Work legislation has passed – what this means for workplaces
On 28 November 2022, the Government passed the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022, marking a commitment to implement the recommendations coming out of the 2020 Sex Discrimination Commissioner’s Respect@Work Report (the Report).
What is reasonable and enforceable when dealing with post-employment restraint clauses?
In the recent case of McMurchy v Employsure Pty Ltd; Kumaran v Employsure Pty Ltd [2022] NSWCA 201, the Court of Appeal of New South Wales upheld a decision that a 6 month post-employment restraint was reasonable and enforceable against an employee who joined a competitor business, along with restrictions on the employee’s conduct during employment.
New Mental Health and Wellbeing Act comes into operation
Mental Health considerations and responses have been a major government initiative for some time and this has only been amplified since the onset of COVID-19.
Deliveroo rider not an employee - Fair Work Commission Full Bench overturns previous decision
In another chapter in the recent series of decisions regarding the employment status of gig workers as either independent contractors or employees, the Fair Work Commission Full Bench in Deliveroo Australia Pty Ltd v Diego Franco [2022] FWCFB 156 has overruled a previous decision that a Deliveroo driver was an employee.