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...
Employment Law and Workplace Relations Blog
Managing Psychosocial Hazards (Part 2) – Tips for PCBU’s in Documenting Compliance with their Duty
In a recent article, our Workplace Relations, Employment and Safety Team wrote about whether WorkSafe will soon move from “Education to Enforcement” of psychosocial hazards. Our lawyers have now identified 12 tips to consider in ensuring key documentation is in place...
Disability Royal Commission Final Report and Recommendations relating to your workforce
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...
Psychosocial Hazards – Will WorkSafe WA move from education to enforcement?
Last week the Magistrates’ Court of Victoria fined Court Services Victoria $379,157, for what the Court heard was a “toxic workplace culture”. Staff had been exposed to psychosocial hazards over a three-year period, which ultimately contributed to the suicide of one...
NEWS ALERT- update to the SCHADS Award- substitution of public holidays by agreement
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...
Legislation Update – The Closing Loopholes Bill is introduced to Parliament
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...
Landmark decision for junior doctors in class action win against hospital employer for overtime pay
Background A class action was commenced by the Australian Salaried Medical Officer’s Federation (ASMOF) on behalf of its group members, and Dr Gaby Bolton on her own behalf, against Peninsula Health, the major metropolitan health service for Frankston and the...
High Court finds employer not vicariously liable for employee’s actions despite conduct occurring in shared staff accommodation
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...
Recent Fair Work Commission (FWC) decisions highlight the importance of ensuring a comprehensive written agreement is in place
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...
Important updated guidance material around Safe Work Method Statements (SMWS) for High Risk Construction Work.
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...