An employee may request to substitute another day or part day that would otherwise be a public holiday. The requested day will be substituted if the employer agrees to the employee’s request. Does an employer have to agree to such a request? It does not expressly...
The Closing Loopholes Bill is being introduced to amend the Fair Work Act 2009 (Cth) (FW Act) and related legislation to close any existing loopholes that undermine pay and conditions and to improve the work health and safety (WHS) framework so as to better protect...
In the decision of CCIG Investments Pty Ltd v Schokman [2023] HCA 21 (handed down on 2 August 2023) an employer was found not to be vicariously liable for the conduct of one of its employees when he urinated on a fellow employee who was sleeping in their shared staff...
The recent FWC decisions of Salim v AFA Sheetmetal Components Pty Ltd, Daniel Paragalli [2023] FWC 1834 (decided on 25 July 2023) and Judith Tozer v The Trustee for the Downie Family Trust [2023] FWC 1847 (decided on 26 July 2023) demonstrate the problems that can...
The updated Information Sheet complements the Code of Practice: Construction Work and provides very useful guidance to PCBU’s on the function, content and application of SWMS, including outlining information around: the common High Risk activities for which a SWMS is...
While the incident occurred outside of Western Australia, the primary duty provision that the offender breached mirrors that contained in s19 of the Work Health and Safety Act 2020 (WA). The case should serve as a timely reminder for WA businesses with control of...
Significant changes to the Fair Work Act 2009 (Cth) came into effect on 6 June 2023 and 1 July 2023. It is important to be across these changes and ensure that your workplace policies and procedures are up to date. Requests for Flexible Working Arrangements From 6...
What is workplace bullying? Whether your workers fall within the State or Federal System they are able to apply to either the Fair Work Commission (FWC) or the Western Australian Industrial Relations Commission (WAIRC) for an order to stop bullying. The Commission...
COVERAGE The following employers and their employees continue to be covered by our WA employment legal system. Public Sector. Sole traders. Unincorporated partnerships. Unincorporated trust arrangements. Unincorporated associations. INDUSTRIAL LAWS The...
Key points of the Expert Panel’s decision are: The National Minimum Wage increased to $21.38 per hour ($812.60 per week for full-time adult employees). Adult full-time and part-time award rates to increase by 4.6% with a minimum adult full-time increase of $40 per...