There have been a number of recent high-profile industrial incidents in Australia which demonstrate the increased expectations and positive obligations on employers to take action in incidents of workplace sexual harassment.

This article revisits the definition of sexual harassment and highlights the impact of changes to the law made in 2023.

A recent decision in the Fair Work Commission highlights the risk to employers seeking to terminate an employee that there may be evidence, unknown to them, that supports a finding of unfair dismissal. This article summarises the Commission’s findings in this case and how this impacts employers.

The Full Federal Court of Australia (FCA) found that an employer was required to consider whether its employees could have been redeployed to positions occupied by employees of contractors instead of having their positions made redundant.

A new definition of “Casual Employee” under the Fair Work Act* and more than 140 Federal Modern Awards will take effect from 26 August 2024.

The ‘right to disconnect’ entitles an employee to ‘refuse to monitor, read or respond to contact or attempted contact’ from their employer or third parties (such as clients) outside of their working hours, unless it is unreasonable to do so. There are changes taking place on the 26th August 2024. What are these changes, and how do they affect employers? 

A principal to a labour hire arrangement has recently been fined for breaches of section 46 of the Work Health and Safety Act (the WHS Act) for failing to consult after a worker sustained injuries in a quad bike accident.

As part of the Closing Loopholes Act amendments, from 1 July 2024, all Modern Awards and newly made Enterprise Agreements will include a new standard clause prescribing that Workplace (site Union) Delegates will have the right to actively, directly represent the industrial interests of both union members and potential members in the workplace.

This includes the right of a Delegate to represent employees in disputes with their employer.

Recent court decisions mean that medical practices and consultant practitioners should speak with employment lawyers to ensure they aren’t hit with unexpected payroll tax because of how they engage practitioners.

Earlier today, the Fair Work Commission’s expert wage panel increased the National Minimum Wage and all rates in Modern Awards by 3.75%, commencing the first full pay period on or after 1 July 2024.  This increase in minimum wages will coincide with the legislated rise in minimum superannuation contributions, increasing to 11.5%, on 1 July 2024.

A labour hire provider in NSW was recently ordered to pay a fine of $82,500 after one of its workers sustained injuries at a client's worksite. This article contains a summary of the case, including a summary of the duties owed by employers to their workers under the WHS Act. The case highlights the need for employers to work closely with workers, clients and other duty holders under the WHS Act to eliminate or respond to workplace risks.