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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 ...
Read more 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 ...
Read more 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 ...
Read more 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 ...
Read more 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 ...
Read more “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 ...
Read more 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 ...
Read more 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 ...
Read more 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 ...
Read more 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 ...
Read more 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 ...
Read more 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 ...
Read more 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 ...
Read more “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 ...
Read more 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 ...
Read more 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 ...
Read more 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 ...
Read more 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 ...
Read more 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 ...
Read more 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 ...
Read more 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 ...
Read more 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 ...
Read more 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 ...
Read more 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 ...
Read more 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 ...
Read more 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 ...
Read more 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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