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A guide to new whistleblower laws
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A guide to new whistleblower laws

The Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 came into effect on 1 July 2019. The amendments outline changes to the Corporations Act 2001 (Cth) and the Taxation Administration Act 1953 (Cth) and will affect a wide range of businesses.  Affected businesses including public companies, large proprietary companies and registered superannuation entities have until 1 January 2020 to introduce a compliant whistleblower policy....

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HR + Employment Law: Latest Alert - Edition 21 July 2019
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HR + Employment Law: Latest Alert - Edition 21 July 2019

Latest Decisions Step Aside: FWC Member refuses to reallocate matter after Full Bench’s recommendation Further to our June Alert (click here), the Full Bench in Construction, Forestry, Maritime, Mining and Energy Union v Watpac Construction Pty Ltd t/a Watpac Construction [2019] FWCFB 3855, encouraged Commissioner Hunt to step aside from arbitrating a matter which she was previously in ...

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HR + Employment Law: Latest Alert - Edition 20 June 2019
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HR + Employment Law: Latest Alert - Edition 20 June 2019

Latest News Minimum wage increase The Fair Work Commission has handed down its decision to increase the national minimum wage by 3% or $19.49 per hour for adults effective 1 July 2019. On that basis, we encourage employers to compare their current rates under any Enterprise Agreement and ensure compliance with the Federal national minimum increase.  To review the decision handed down by ...

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'Employee' or 'Independent Contractor'

Our Employment and Workplace Relations team have put together this excellent resource when considering whether a person is an employee compared to an independent contractor. Whilst the factors to determine the issue are well-established, the distinction can be complex and sometimes blurred. Please click on the image below to download the PDF.

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HR + Employment Law: Latest Alert Edition 18 - 2019
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HR + Employment Law: Latest Alert Edition 18 - 2019

Latest News The Mental Health Code of Practice has been launched this week by the Department of Mines, Industry Regulation and Safety, following extensive public consultation. Whilst this is a mandatory resource specifically for those on a FIFO roster within the resources and construction sector, it provides useful guidance more generally to employers with an interest in the mental health of their workforce....

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HR + Employment Law: Latest Updates & Trends Edition 17 - 2019

Summary of key updates in 2018 The introduction of Domestic Violence Leave - The Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018 was passed in December 2018 which will see all workers under the Fair Work Act 2009 (Cth) entitled to 5 days’ unpaid domestic violence leave., Casual conversion clauses took effect 1 October 2018 into 84 modern awards allowing a ‘regular ...

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“There’s no such thing as a permanent casual”?

The well recognised and long-standing approach has been for casual employees to receive an attractive loading to compensate for benefits typically enjoyed by permanent employees, including annual leave and sick leave. Nevertheless, in the WorkPac decision, the Full Federal Court held that a casual employee was entitled to accrued benefits (enjoyed by permanent employees) such as annual leave, based ...

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HR Toolbox Edition 16 - 2018

Latest news Senate Inquiry into Gig Economy, The Future of Work Report (the Report) has been released by the Select Committee on the Future of Work and Workers (established by the Senate) after a year-long inquiry to “report on the impact of technological and other change on the future of work and workers in Australia”…including relevantly “employment status and working patterns of Australians”....

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HR Toolbox Edition 15 - 2018

Latest decisions An unusually close relationship between an employee and employer nullifies bullying claim, Ms McCutcheon, who was employed as an area manager with a wine wholesaler alleged that she was subjected to repeated unreasonable behaviour during the course of her employment. Amongst the allegations, Ms McCutcheon claimed that the wine wholesaler’s Managing Director, inappropriately ...

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HR Toolbox Edition 14 - 2018

Latest news Minimum wage increase, The Fair Work Commission’s Minimum Wage Panel recently decided to increase the national minimum wage including all modern award rates by 3.5% effective 1 July 2018 based on the “economic indicators now pointing more unequivocally to a healthy national economy and labour market ”. Moving forward, employers need to ensure that any applicable ...

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HR Toolbox Edition 10 2018

Recent news In a recent controversial decision by the Full Bench of the Fair Work Commission, employers using “back to back” term contracts may now run the risk of facing an unfair dismissal claim where a contract is not renewed. Click here to read our full blog on this key decision. , The results of the Fair Work Ombudsman’s healthcare sector campaign have found that ...

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RISK ALERT: A non-renewal of a term contract may now be considered a dismissal by the employer

Generally, under the Fair Work Act 2009 (Cth) (FWA) an employee can only bring an unfair dismissal claim if their employment has been terminated at the initiative of the employer. Prior to the decision of the Full Bench of the Fair Work Commission in Saeid Khayam v Navitas English Pty Ltd t/as Navitas English [2017] FWCFB 5162 (Navitas) an employee under a term contract that expired and was not ...

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