As a result of recent security breaches, large scale hacking and other cyber security threats in the workplace, there is increasing pressure on businesses to implement more secure systems which can help prevent these types of threats. In addition to increased surveillance and other security technology, there has also been an uptake in the number of businesses which are introducing biometric authentication methods and facial recognition technologies into the workplace to increase their security, ease of access and precise data collection.
Is big brother watching us at work, and if not, should it be? The issue of surveillance at work and how far employers are able to go in surveilling their employees is a vexed question. Not only does it raise significant legal issues but also may have significant consequences for the culture of the workplace. In additional to the increased use of artificial intelligence and automation, surveillance is also an extremely important development that is changing the nature of the workplace.
AI technology is still in its earlier stages of development as far as its impact on work. However, this is rapidly changing and one type of AI that has the real potential to completely change how we work are chatbots. Many industries that are customer facing such as banks, utility companies and mobile phone providers, have implemented chat bots in the workplace to answer customer queries and concerns in a more efficient and cost-effective way.
As we saw in the introduction to the Future of Work article, as technology continues to evolve, so will the workplace. In particular, artificial intelligence (“AI”) and automation will likely continue to play a key role in the workplace and can, if used appropriately, increase efficiency and accuracy and save costs. Almost certainly, AI, automation and technological advances will make certain tasks and roles obsolete, in particular in industries where the tasks are repetitive and mundane.
The Australian workplace has been going through a significant transformation in recent years, driven by various factors including technological advances and the normalisation of flexible working conditions as a result of the COVID-19 pandemic. As technology continues to evolve and the nature of the workplace becomes more automated and diffuse, businesses will be required to adapt to the new changes in order to stay competitive and ensure their workforce is engaged and meets the businesses’ evolving needs.
In the recent case of Wipro, the New South Wales Court of Appeal changed the NSW position on how statutory long service leave operates. This decision narrows who may have an entitlement to long service. In particular, the decision held that in order for the employment period to count towards ‘continuous service’ and qualify for long service leave, the work must have a substantial connection to NSW.
As we commence 2023, there is no doubt that this year will bring various challenges to many employers. As a result of various factors, including high inflation rates, rising interest rates, a slowing economy and lingering effects of the Covid 19 Pandemic, it is likely that this year will see organisations experience uncertainty and/or financial hardship. Recent changes to legislation will also put upward pressure on a number of businesses. This will likely result in organisations opting to restructure their businesses or make staff members redundant as a way to cut costs or down-size their businesses.
The passing of the Secure Jobs, Better Pay legislation constitutes the biggest shake-up to Australia’s national industrial relations framework in over a decade. This alert provides a summary of the key amendments to Australia’s workplace laws, in addition to practical guidance on steps that employers need to take to ensure they are compliant with the Act.
In our final publication of the Back-to-Basics Series, we look at the ways in which an employment relationship can be concluded and the specific steps to follow in order to avoid seeing the inside of a courtroom and/or making substantial unplanned financial contributions to the outbound employee’s bank balance. Furthermore, careful management when bringing an employment relationship to an end, for whatever reason, can be achieved so that the departing employee does not leave disgruntled and likely to damage the business’ reputation.
In our fifth publication of the ongoing series, we now examine the role of modern awards and enterprise agreements in the regulation of employment terms and conditions. Other than the NES, the Fair Work Act 2009 (Cth) (“Fair Work Act”) provides for a number of mechanisms to regulate basic terms and conditions of employment, the most important being modern awards and enterprise agreements.
One of the primary purposes of the Fair Work Act is to create minimum requirements, protections and obligations in order to provide a balanced framework for cooperative and productive workplace relations that promote national economic prosperity for all Australians. The Fair Work Act achieves this objective by implementing a number of mechanisms including the National Employment Standards, and the creation of Modern Awards, Enterprise Agreements, protections for unfair dismissal, provisions that protect against adverse action and sham contracting, all of which are obligations that employers must abide by and can result in significant legal remedies where a breach occurs.
An employment contract is an agreement between an employer and an employee which sets out the terms that will govern each individual employment relationship. An employment contract is created as soon as there is agreement between the parties regarding the employment. As such, even if there is no written document, an employment contract exists which governs the terms of the relationship. If there is no written agreement, the terms will be implied by law and fact. This creates significant uncertainty for both parties and a fruitful area for later litigation.