This is currently the third decision in this area, since damaging action was introduced into the Industrial Relations Act 1979 (WA) (IR Act) on 20 June 2022. These protections were based on some of the general protections found in Part 3-1 of the Fair Work Act 2009...
Some of the key changes include: Introducing a Statutory Test for ‘characterising’ work Relationships Section 7A will be inserted into the Industrial Relations Act 1979 (WA) (IR Act), which will provide that the question of whether an individual is an employee (rather...
It is uncontroversial that employers owe a duty of care to their employees to provide a safe system of work and to take reasonable steps to prevent reasonably foreseeable injuries. This paramount duty extends beyond physical safety to encompass psychological...
Legislative background The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth) (Amending Act) introduces the new ‘right to disconnect’ into the Fair Work Act 2009 (Cth) (FW Act). The right to disconnect provisions commence on 26 August 2024 but do...
The full Amending Act can be found here. ‘New’ Test for Characterising Employment Relationship One significant change, due to commence on 26 August 2024, is the addition of section 15AA to the FW Act. Section 15AA will provide a statutory test for determining whether...
Background In December 2020, Dr Amireh Fakhouri filed a class action against the NSW Ministry of Health and the State of NSW covering junior medical officers who worked between 16 December 2014 and 21 March 2024. In a statement of claim, she alleged NSW Health failed...
The decision comes four years after the Health Services Union lodged an application for a 25% increase of wages across the board for an “under-valued, under-appreciated lifeblood of the care economy.” The pay rise follows the 15% increase to minimum wages awarded by...
In addition to the ‘Secure Jobs, Better Pay’ and ‘Protecting Worker Entitlements’ legislation implemented in 2023, the ‘Closing Loopholes Act’ 2023 came into effect on 13 December 2023, aimed at better protecting the rights of employees. This was followed by the...
Recommendation 10.8 A national disability support worker registration scheme The Final Report recommends establishing a national disability support worker registration scheme by 1 July 2028 with minimum standard registration requirements. They want consultation to...
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...