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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 Jet Systems Ltd [2021] FWC 6182 holds useful lessons for employers implementing mandatory mask wearing policies in response to the risks of the COVID-19 pandemic. This case also has implications within the mandatory vaccination context as well. Background Ms Jessica Watson was a flight attendant employed by National Jet Operations Services Pty Ltd (National Jet) on Qantas flights. On 26 October 2020, a direction was issued to…
Read MoreAs 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 season also brings the familiar apprehension at the prospect of employee misconduct and other workplace health and safety risks arising at work-related events. As the drinks start to flow, the borders of an employer’s responsibility and control over risks and behaviour at the festivities can become blurred, along with the attendees’ vision. This article explores what employers can and should do to address employee misconduct at work Christmas…
Read MoreAs 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 other body registered under Corporations Act to obtain a Director Identification Number (DIN). The recent amendments have provided timeframes for new and existing directors to apply for DINs. The Corporations Act now imposes civil and potentially criminal penalties for infringements relating to DINs, including for failing to have a DIN when required to do so. This article examines these new requirements and deadlines. What is a DIN? The DIN is a unique identifier attached to a director’s identity which creates…
Read MoreAustralian 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…
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