News
Following the passage of the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 (the Act) in November last year, 1 February 2023 marks the day many employees become entitled to ten days of paid leave for occasions where they need time off work to deal with the impact of family and domestic violence (FDV). The new leave entitlement comes after the Federal Government announced it would be legislating a raft of measures to promote gender equality in workplaces across Australia. Paid FDV leave forms an integral part of these measures as family and domestic violence disproportionately affects…
Read MoreWith the passing of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, a 12-month timer has begun on all ‘zombie’ enterprise agreements. What is a ‘zombie’ agreement? A zombie agreement is a coverall term that refers to agreement-based transitional instruments, such as workplace agreements or workplace determinations made under the Workplace Relations Act 1996. Most commonly, these are enterprise agreements that were made prior to 2009 and have long aged and passed their nominally expiry dates (hence the term ‘zombie’). Given these agreements were made prior to the Fair Work Act 2009, they did not need to…
Read MoreAs of 1 September 2022, the annualised wage arrangement provisions under the Restaurant Award 2020 (Restaurant Award) and the Hospitality Industry (General) Award 2020 (Hospitality Award) (collectively, the Awards) have been tightened, imposing greater obligations on employers. The changes come after the Fair Work Ombudsman (FWO) announced it would focus on wage compliance over the course of 2022-23 in a bid to curb wage theft across several industries. FWO Sandra Parker stated there are “high levels of non-compliance” across the hospitality and restaurant sectors, with vulnerable workers being particularly at risk of exploitation. What is an annualised wage arrangement?…
Read MoreSince our November article here on the Fair Work Commission’s new ‘Stop Sexual Harassment’ jurisdiction, the Federal and some State governments have announced that they will be taking steps to act on the recommendations of the Respect@Work report (the Report). The Federal Attorney General has confirmed that the government will act on the recommendations of the Report including the implementation of a positive duty on employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment, and victimisation as far as practicable. Additionally, a number of state governments are considering introducing a positive duty to prevent sexual harassment…
Read MoreUpon commencement of the Fair Work Act 2009 (Cth) (Act), the Fair Work Commission (Commission) was directed to undertake a 4-yearly review of all modern awards to ensure that they were meeting the objectives of the awards, respectively. In particular, the Fast Food Industry Award 2010 (Fast Food Award) has been under the microscope in recent months, having been reviewed by the Fair Work Commission and rewritten, making it more concise and user-friendly. Prior to finalisation, the Commission invited interested parties to make submissions in respect of the proposed amendments to the Fast Food Award. Having considered feedback from several…
Read MoreIn the recent decision of Fair Work Ombudsman v Delishesco Pty Ltd,[1] the Federal Circuit and Family Court has handed a Brisbane restaurant over $355,000 in penalties for ‘serious contraventions’ of the Fair Work Act 2009 (Cth) (Fair Work Act). This is among the highest overall amounts of penalties secured by the Fair Work Ombudsman (FWO) under the provisions introduced by the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Cth) (Vulnerable Workers Act). Background The respondents, Delishesco Pty Ltd and its sole director, operated a sushi restaurant in Brisbane. Despite having been formally cautioned for similar conduct previously, the…
Read MoreWhen disaster strikes and business is suspended or employees can’t get to work, multiple employment entitlements are impacted. In this article, we wrap up some of the most frequently asked questions and examine what, exactly, employees are entitled to in the face of a natural disaster. Can I stand down my employees? One of the most frequently asked questions in the face of a natural disaster is, ‘Can I stand down my employees?’. Under section 524 of the Fair Work Act 2009 (Cth) (Fair Work Act), a stand down is available to employers where an employee cannot be ‘usefully…
Read MoreIn certain circumstances, franchisors can be held legally responsible for conduct of their franchisees that breaches workplace laws under the Fair Work Act 2009 (Cth) (Fair Work Act). Not every franchise arrangement gives rise to franchisor responsibility, and the factual requirements set out in the legislation can make it difficult to understand when liability will arise. This article discusses these obligations in more detail, setting out when and to what extent a franchisor can be held legally responsible for their franchisee’s employees. It will also cover the steps that a franchisor can take to reduce their risk. When are franchisors…
Read MoreFollowing the recent Federal election, the new Labor government under Prime Minister Anthony Albanese is expected to introduce a raft of changes to workplace laws in Australia. Going into the election, Labor’s industrial relations policy focused on job security, targeting casual employment, labour-hire and gig work, and other forms of insecure work. This article examines these anticipated changes in more detail focusing on the legislative amendments to the Fair Work Act 2009 (Cth) (Fair Work Act) that can be expected under the government-elect in the near future. What changes to the Fair Work Act are expected? The package of…
Read MoreUnpaid family and domestic violence leave has been a feature of the National Employment Standards since 2018. Arising from the Fair Work Commission’s 4-yearly review of modern awards, the Australian Council of Trade Unions (ACTU) made an application to the Fair Work Commission for all modern awards to be varied to include an entitlement for paid Family and Domestic Violence Leave (FDV Leave). Earlier this week, the Commission handed down its provisional view that all modern awards be varied to include a paid FDV Leave entitlement of 10 days. The case for paid FDV leave The Commission sought to…
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