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February 8 2022

Employer who told 61-year-old employee they were “too old” for the job ordered to pay compensation

In March 2021, a construction company was ordered to pay $3,000 to a construction worker for discriminating against him on the basis of his age. As most employers are aware, it is ...
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February 1 2022

Fair Work Commission agrees that ‘green tick’ was unworkable as vaccination evidence under workplace policy

In the recent case of CFMEU v BHP Coal Pty Ltd [2022] FWC 81, a senior member of the Fair Work Commission (Commission) has decided that employers can require workers to provide ...
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January 18 2022

Fair Work Commission declines to make stop sexual harassment order

In a recent decision, the Fair Work Commission has declined the opportunity to exercise its powers under the new anti-sexual-harassment jurisdiction. Commencing on 11 November 2021 the Commission may make any order ...
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January 11 2022

Mental health and performance management: Achieving the right balance

Heath authorities have warned, and it is fast becoming clear, that the anxiety and isolation caused by the COVID-19 pandemic will have drastic consequences for the mental health of Australians. With the ...
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December 14 2021

To mask or not to mask? Employer succeeds in defending mandatory mask requirement

In a recent case before the Fair Work Commission, a flight attendant’s employment came to an end due to her refusal to wear a face mask. The case of Watson v National ...
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December 7 2021

“Beware the work Christmas party!” – motherly advice that both employers and employees do well to heed

As the holiday season approaches, businesses and their employees are looking forward to relaxing together at work Christmas parties and celebrating the end of another challenging COVID-19 impacted year. However, the festive ...
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November 30 2021

Are you a Company Director? How and when to apply for your Director Identification Number

As of November, company directors in Australia have been given deadlines to apply for Director Identification Numbers. Following recent amendments to the Corporations Act 2001 (Cth) (Corporations Act), the Australian Business Registry Services (ABRS) is now responsible for requiring every director of an Australian company or ...
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November 16 2021

Introducing the Fair Work Commission’s new powers: Stop Sexual Harassment Orders

Australian workforces have certainly not been immune to the impacts of global movements such as #MeToo and #TimesUp. In fact, a 2018 national inquiry (National Inquiry) undertaken into sexual harassment led by ...
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November 9 2021

Paid leave for parents who experience miscarriage

The ‘Respect@Work’ provisions of the Fair Work Act 2009 (Cth) (FW Act) have been well publicised and have made the news for their establishment of a new, stop sexual harassment jurisdiction in ...
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November 2 2021

Fair Work Ombudsman ramps up use of compliance notices as wage theft continues to dominate headlines

The Fair Work Ombudsman (Ombudsman) has more than doubled its use of compliance notices over the last 12 months. The watchdog reported that in the financial year of 2020 to 2021, it ...
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Sydney Water safety poster causes sexual harassment claim

September 14 2021

Safety poster becomes costly reminder that horseplay can still amount to sexual harassment

Independent contractor and workplace consultant, Vitality Works Australia Pty Ltd (Vitality Works), and NSW government-owned corporation Sydney Water (Sydney Water), have each been held jointly liable for sexual harassment after displaying a ...
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August 31 2021

Compliance deadline approaching for casual conversion

The key compliance date of 27 September 2021 for employers to meet new ‘casual conversion’ requirements is fast approaching. This is the deadline for compliance with the latest changes to the Fair ...
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mandatory vaccination policy

August 24 2021

Mandatory COVID-19 Vaccinations: No Jab, No Job?

The Qantas Group (Qantas) has announced that it will require all employees to be fully vaccinated against COVID-19 by 31 March 2022. For frontline staff, that date is even sooner, at 15 ...
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August 17 2021

“Coming, ready or not!” When can employers be forced to commence enterprise bargaining?

In July this year, the Fair Work Commission halted an attempt by the Retail and Fast Food Workers’ Union (RAFFWU) to force Coles Supermarkets Australia to the bargaining table for a new ...
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screen full of generic code that is blurred around the edges with a blue and purple hazy overlay

August 3 2021

Can employees be stood down in the event of an IT systems failure?

In June, the world’s largest meat producer, JBS Foods was targeted by a large scale cyberattack that caused it to suspend its operations across North American and Australia. While there was no ...
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A black and white photo of two hands holding onto jail bars.

July 26 2021

Director faces prison for workplace death

In a stark demonstration of the consequences of failing to properly meet work health and safety standards, a company director in Western Australia has become the first person to serve a prison ...
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An image of a customer tapping their phone onto an eftpos machine to pay at a cafe.

July 13 2021

Changes to part-time employment in retail

In late June, the Fair Work Commission (FWC) determined to vary the General Retail Industry Award 2020 (Retail Award) to, in its words, “resolve uncertainty” in how part-time employment operated under that ...
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a close up image of a lady's baby bump.

July 6 2021

Understanding parental leave entitlements

Parental leave (sometimes referred to as maternity or paternity leave) is an entitlement that will be accessed by a significant number of Australians throughout their working lives. However, it is also one ...
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A half body shot of an employee holding a box of items after being terminated.

June 22 2021

Terminating casual employees: a euphemism-free zone

Over the last few years casual employment has received significant attention, first because of two major court cases which challenged the notion of what it means to be a casual, and then ...
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An image of a paper human head with a puzzle piece cut out of it, and the puzzle piece sits to the left hand side of the head.

June 8 2021

Mental health and performance management: Achieving the right balance

Heath authorities have warned, and it is fast becoming clear, that the anxiety and isolation caused by the COVID-19 pandemic will have drastic consequences for the mental health of Australians. With the ...
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A photo of an employee holding out their employee card on a lanyard.

May 31 2021

Understanding the differences between employees and independent contractors

Over the past decade, the ‘gig economy’ has fundamentally reshaped large sections of the economy, from professional services to transport, postal and warehousing. The Australian Bureau of Statistics (ABS) reported that as ...
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A photo of a doctor handing a lady a medical certificate over the table.

May 25 2021

Doctor, doctor: When and how employers can challenge medical evidence

Employees with medical conditions can present unique challenges for employers. While businesses should, and often do, seek to provide equal opportunity for all, there are some cases where this is simply not ...
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A photograph of two men wearing suits shaking hands

May 18 2021

Due diligence for employee entitlements during sales of business

When it comes to buying or selling a business, there is no shortage of matters requiring your attention. From negotiations about the purchase price or stock-in-trade, making and receiving representations, or understanding ...
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A photo of a small yellow forklift in a warehouse carrying 8 cardboard boxes.

May 11 2021

Storms on the horizon as unions threaten distribution and delivery

The union movement has put major retail brands on notice of supply chain disruptions as part of the wider effort to secure more advantageous working conditions for transport workers. In a speech ...
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A red 'no' sign against a blue sky background

April 27 2021

What happens if a casual employee refuses a rostered shift?

As of 27 March 2021, it is now enshrined in the Fair Work Act 2009 that casual employees will generally be able to accept or refuse work when it is offered. While ...
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A photo of a tesla warehouse from the front, showing clearly, the Tesla company name.

April 20 2021

Elon Musk runs afoul of protections for union employees

The CEO of Tesla may seem to live in a different world from the rest of us – rockets, driverless cars and all – but it sometimes helps to be reminded that ...
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A photo of a bronze lit up lantern, and some utensils of a middle east style, with some dates sitting in a brass bowl.

April 13 2021

Ramadan in the workplace: Best practice guide for employers

Yesterday evening, the Islamic holy month of Ramadan commenced, to end on the evening of 12 May 2021. During Ramadan, practicing Muslims will abstain from food or drink, including water, from sunrise ...
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