The Sex Discrimination Act 1984 (the Act), now obliges Australian employers and persons conducting a business to take “reasonable and proportionate measures” to eliminate, as far as is possible, the following behaviours: discrimination on the ground of sex in a work...
Employment Law and Workplace Relations Blog
Federal Court Decision – Employer’s failure to promptly pay termination entitlements
The recent decision of the Federal Court in the matter of Dorsch v HEAD Oceania Pty Ltd (penalty) [2024] FCA 484 has highlighted the importance of employers promptly paying employees their accrued entitlements on termination of employment. The Respondent employer was...
SafeWork NSW – Pro Ten Holdings Pty Ltd – Enforceable Undertaking for Fatal Incident
Details of the Enforceable Undertaking can be found here. Pro Ten Holdings Pty Ltd was the owner of a farm in Griffith NSW, where a worker employed by a contractor was fatally injured when he was struck and run over by a reversing telehandler operated by another...
WorkSafe WA Commences first WHS Act Prosecutions
WorkSafe has commenced the first prosecutions under the Work Health and Safety Act 2020 (WA) (WHS Act), which came into effect in March 2022. Details of the prosecutions can be found here. The commencement of several prosecutions in April 2022 no doubt coincides with...
Closing Loopholes in the Fair Work Act 2009 – Implications for employers and what you need to know!
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...
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...