Casual employees – review of the new rights and obligations under the NES

The amendments to the National Employment Standard regarding casual employees are about bringing certainty to casual employment arrangements. Employers should now be considering what steps they need to take to comply with the NES including assessing offers of conversion for employees who commenced employment prior to 27 March 2021. This is particularly relevant as there […]

Readmore

Industrial Manslaughter legislation on the way in WA

The director of MT Sheds (WA) Pty Ltd, Mark Thomas Withers, was sentenced two years and two months imprisonment (18 months suspended) and fined $2,250 for gross negligence causing death in relation to the 2020 death of a young worker and the serious injury of another. Both Mr Wither’s and his company pleaded guilty to […]

Readmore

FMCG Express | May 2021 Edition

2021 certainly started with a bang; we are seeing a significant boost in appetite for advice right across our FMCG client base, including a lot of M&A activity, and we are excited to see how the year ahead unfolds. In the May 2021 edition of FMCG Express, editor Hazel McDwyer and the Gadens team provide […]

Readmore

Employee share schemes — removing cessation of employment as a taxing point and reducing red tape

As part of the 2021-2022 Federal Budget, the Federal Government has announced reforms to employee share ownership in Australia, with those changes designed to make it easier for businesses to offer their employees participation in employee share schemes (ESS) and to help businesses attract and retain the talent they need to compete on a global […]

Readmore

Sexual harassment and obligations of employers – Part 2

This is the second instalment of a two-part series which canvasses workplace sexual harassment, who is most at risk and what Australian employers do to address sexual harassment in the workplace and limit their liability. Part 1 covered how workplace sexual harassment is defined and provided an overview of the relevant legislation and highlighted who […]

Readmore

Sexual harassment and obligations of employers – Part 1

This is the first instalment of a two-part series which canvasses workplace sexual harassment, who is most at risk and what Australian employers should do to address sexual harassment in the workplace and limit their liability. Introduction In 2020, the Australian Human Rights Commission (Commission) released the Respect@Work: Sexual Harassment National Inquiry Report (2020) (Report) […]

Readmore

Barber v Goodstart – can employers now mandate vaccinations in the workplace?

In a much publicised decision of the Fair Work Commission (FWC) FWC, Bou-Jamie Barber v Goodstart Early Learning [2021] FWC 2156, the termination of a childcare worker who refused to take a flu shot has been upheld. However, while the decision provides some guidance on the issue of vaccinations in the workplace, the FWC cautioned […]

Readmore

Respect@Work and future changes to Australia’s sexual harassment laws

The Federal government has today announced that all 55 recommendations contained in the landmark report, Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, are either agreed wholly, in part, or in principle, or are noted where they are directed to governments or organisations other than the Federal government. National Inquiry into Sexual Harassment in […]

Readmore

Casual IR reforms – A new frontier for employers

On 9 December 2020, the Attorney-General and Minister for Industrial Relations, Christian Porter introduced the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (IR Reform Bill) to Parliament, which sought to make significant reforms to the Fair Work Act 2009 (Cth) (FW Act) and other related legislation. The IR Reform Bill was drafted following […]

Readmore

Improving unpaid parental leave

Recent changes have been made to the National Employment Standard (NES) to provide parents with greater flexibility in relation to their unpaid parental leave entitlements, and also to improve entitlements for parents who experience traumatic events during or in anticipation of taking such leave, including stillbirth and premature birth. Employers should consider updating their parental […]

Readmore

COVID-19 | Transitioning employees back to the physical workplace – key considerations

With the continued easing of restrictions across Australia, more and more businesses are looking to transition employees from home and back into their physical workplace. Whether your employees have been on a working from home arrangement, a period of stand down, leave or reduced hours, now is the time to consider how things will work for […]

Readmore

Reforms to the Fair Work Act – What you need to know

The Federal Government yesterday introduced into parliament The Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (Bill), which if passed will amend the Fair Work Act 2009 (Cth) (Fair Work Act) and related legislation. The Bill has been developed with input from a range of stakeholders, through a process of IR working […]

Readmore