Articles
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 the Australian Human Rights Commission found that approximately 39% of women and 26% of men had experienced sexual harassment in the workplace. The unquestionably alarming findings brought into sharp focus Australia’s approach to sexual harassment, and prompted the implementation of the Respect@Work legislative changes [1]. As part of those changes, as of 11 November 2021, the Fair Work Commission (Commission) is now able to hear applications for ‘orders…
Read MoreThe ‘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 the Fair Work Commission. However, a little-known addition of the Respect@Work provisions has been to extend the entitlements to compassionate leave to include circumstances when a person experiences a miscarriage. The changes are aimed at addressing gender-based gaps in Australian workplaces as a result of the 2020 recommendations made to parliament by the Australian Human Rights Commission. When it comes to building strong relationships with employees, managing requests…
Read MoreFair 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 recovered over $148 million for over 69,735 underpaid workers. With underpayment claims continuing to dominate news headlines throughout the pandemic (think Woolworths and Qantas), and phrases like ‘wage theft’ being thrown around with increasing regularity, the Ombudsman’s increased activity and move away from protracted litigation should come as no surprise, and there is no better time for employers to take proactive steps to ensure they are compliant with…
Read MoreIndependent 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 ‘sexually suggestive’ poster aimed at promoting work health and safety. The poster itself was designed by Vitality Works as part of a “safe spine” campaign, and depicted a smiling Sydney Water employee with an overlayed caption, ‘Feel great – lubricate!’. While the employee had agreed to having her picture taken, she had not agreed to the caption used. With changes to Commonwealth sexual harassment laws having taken effect…
Read MoreThe 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 Work Act 2009 (Cth) (Fair Work Act), which commenced on 27 March 2021. Under the changes, employers other than ‘small business employers’ are required to consider eligibility criteria for casual employees engaged on or before 27 March 2021 and either: make an offer of casual conversion to each employee who meets certain requirements; or notify the employee that the employer is declining to make an offer of conversion…
Read MoreThe 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 November 2021. The announcement made Qantas just the third Australian company to publicly declare their intention to make vaccinations mandatory for their workers, and has reignited discussions amongst employers and unions on mandatory workplace vaccinations. Qantas’ decision was made following consultation with its workforce. In a survey of its staff returning 12,000 responses, 60% of employees confirmed that they were already fully vaccinated, 77% had already had at…
Read MoreIn 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 official word from the company’s Australian division, the Australasian Meat Industry Employees’ Union (AMIEU) claimed that the producer had stood down approximately 10,000 workers without pay. The situation was eventually resolved when the company agreed to pay a ransom of AU$14.2 million. In statements to the media, the AMIEU noted that JBS had allowed full-time and part-time employees to access their leave entitlements over this period, however that…
Read MoreIn 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 sentence in consequence of a workplace death. Whilst terms of imprisonment are not new to work health and safety laws – being introduced in Western Australia in 2004 – it is still quite quite rare for a person to spend time behind bars for breaching safety laws. With the new offence of industrial manslaughter rising to prominence in some states and territories, the ruling serves as a timely…
Read MoreIn 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 award. While the FWC’s determination does clarify some points, it proves to be something of a mixed bag when it comes to providing flexibility to employers in rostering part-time employees to best and practical effect. These changes came into effect from the first full pay period commencing on or after 1 July 2021. The fundamental change – “guaranteed hours” Employers who engage part-time employees under the Retail…
Read More