In September 2024, the Parliament of Queensland passed legislation that substantially expands obligations on employers to identify, eliminate and prevent unlawful discrimination, sexual harassment, and other objectionable conduct from occurring in their workplaces.
The Fair Work Act 2009 (Cth) (“Act”) plays a critical role in ensuring that Australian employees are protected from unfair treatment in the workplace. Among the key features of the Act are the general protections provisions, which prevent employers from taking adverse actions against individuals for prohibited reasons, such as exercising their workplace rights, engaging in industrial activities, or being discriminated against based on specific attributes.
In the current economic climate, employers are addressing business downturns by restructuring their business affairs, often resulting in role redundancies. While redundancies can be necessary for a business longevity, mismanaging the process can lead to further complications and significant unwanted cost.
In the wake of the COVID-19 pandemic, the financial landscape has undergone significant changes, and so have the expectations of the workforce. In this article we explore the trendy workplace perks that are becoming essential in modern employment.
The Fair Work Commission’s 2024 IR reforms will raise the National Minimum Wage to $24.10 per hour and increase modern award minimum wage rates by 3.75%, effective July 1, 2024. The Superannuation Guarantee will also increase to 11.5% from July 2024 and 12% from July 2025. New rights for workplace delegates will allow them to represent employees in various matters and access workplace facilities, with protections against unreasonable employer actions. Employers must review employee wages, update payroll systems, adjust budgets, and ensure compliance with these new regulations.
In this client alert we explore a case that has been litigated all the way to the High Court of Australia. The Court has been asked to answer a number of important questions that will affect employers across the nation:
1. Can an employee recover damages for psychiatric injury as a result of the employer’s breach of contract?
2. What duty do employers owe employees during the termination process?
3. Can an employee recover damages for psychiatric injury as a result of the termination of employment?
In a pivotal Federal Court ruling, Justice Perram has spotlighted the intricacies of employment law, particularly concerning the legality of termination practices and the protections afforded to visa-sponsored employees. This case deals with the complex terrain of whether an employee’s termination was a direct result of their inquiries about unpaid bonuses, which, if substantiated, could constitute an unlawful dismissal giving rise to a claim for breach of the Fair Work Act 2009 (Cth) (“FW Act”). It also demonstrates when a Court may make an order to reinstate a visa holder’s employment, post termination.
The Fair Work Act 2009 (Cth) (Act) now contains a new definition of “Employment” and resets the test as to whether a person is an independent contractor or employee. It effectively turns back the clock to the position prior to the changes introduced by the High Court in 2022.
The “Right to Disconnect” is a new legal right which allows employees to ignore out-of-hours contact relating to the workplace, including contact from third parties such as clients, unless their refusal to engage is unreasonable.
A number of notable changes to the laws governing the workplace that will affect the way in which organisations conduct their business. These changes have been driven by the current Labour Government’s desire to reform the Australian workforce to deal with discrimination at work, wage theft, engagement of employees and a number of other matters.
As the year comes to a close, and businesses start to get ready for the end of the year shut down period, it is an opportune time for businesses to reflect on the changes which have been made in the employment law space during 2023 and the commensurate changes these have necessitated in business practice and policy. However, businesses should ensure that they also do not lose track of the changes which will be implemented before the holiday shut down period. As such, this article serves both as a reminder of the amendments which have come into effect this year as well as those which will come into effect in the upcoming weeks.
Whilst the Positive Duty came into effect in December 2022, there has been limited practical guidance on how the employers’ Positive Duty could be fulfilled until the AHRC published its ‘Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth)’ (“Guidelines”) in August 2023.The Guidelines set out practical steps and provide organisations and businesses with examples and guidance regarding the steps required to discharge their Positive Duty.