Myth or reality – Our top 10 workplace myths – part two
The award doesn’t apply because we pay above the award and restraints are never enforceable. Have you heard this before? In this article, we discuss another 5 workplace myths and provide further clarity on the rights and obligations of employers and employees. You can read the first article of this two-part series here. 6. ‘I […]
ReadmoreMyth or reality – Our top 10 workplace myths – part one
How many times have you heard that you must give an employee three warnings before terminating their employment? Or that you have an obligation to offer an employee a support person in every meeting? In this article, the first of a two-part series, we will discuss the most common workplace myths and provide clarity on […]
ReadmoreThe only way is up: What you need to know about increased penalties and other changes to NSW WHS laws
The NSW Government is clearly ‘making good’ on its election promise to review and update the NSW work health and safety (WHS) legislation to better align with the Model Work Health and Safety Laws, as well more robust obligations for persons conducting a business or undertaking (PCBU). Penalty provisions The most important change is an […]
ReadmoreShutting down over the Christmas and New Year Period? New modern award requirements may apply to your organisation
In December 2022, the Fair Work Commission (FWC) updated the annual leave shutdown provisions contained in 78 modern awards as part of its four-yearly review. These changes took effect in the relevant awards from 1 May 2023. In the lead up to the festive season, organisations should take a moment to consider the updated shut […]
ReadmoreIt’s all positive: AHRC’s guidance to employers on their positive duty under the Sex Discrimination Act 1984 (Cth)
The Australian Human Rights Commission (AHRC) has published guidelines on a set of seven standards for relevant businesses to comply with their positive duty under the Sex Discrimination Act 1984 (Cth) (SDA). These standards are particularly crucial for employers because from 12 December 2023, the AHRC will have the power to enforce compliance with the […]
ReadmoreSay goodbye – Victorian employers must destroy COVID-19 vaccination information
By 11 August 2023, Victorian employers must destroy all COVID-19 vaccination information collected, recorded, held and used under the Occupational Health and Safety Amendment (COVID-19 Vaccination Information) Regulations 2022 (Regulations), unless the employer is permitted or required under other laws to collect, use, record, or hold the information. The Regulations allowed employers to continue to […]
ReadmorePay secrecy laws prevent employer from protecting ‘commercially sensitive’ client list
This article is a follow up to the article that Gadens’ Workplace Advisory and Disputes team published in relation to changes to the Fair Work Act 2009 (Cth) (Fair Work Act) as part of the Federal Government’s Secure Jobs, Better Pay reforms. The previous article can be found here. The Fair Work Commission has now handed down […]
ReadmoreWorkplace flexibility and parental leave extension – new processes and dispute avenues
As part of the next raft of key changes to take effect from 6 June 2023, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 amendments to the Fair Work Act 2009 (Cth) (FWA) have strengthened employees’ right to request flexible working arrangements and an extension of unpaid parental leave. The FWA does […]
ReadmoreSecure Jobs, Better Pay: Key Dates and Actions for Employers
Since the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 was passed by Parliament on 2 December 2022, several key aspects of the Federal Government’s reforms to the Fair Work Act 2009 (Cth) (FW Act) have already commenced. They include provisions providing for the sunsetting of pre-Fair Work Act ‘zombie agreements’ at the […]
ReadmoreRequesting that employees work on public holidays: Are you getting it right?
Does this sound familiar? Employee: “But it’s Anzac Day”. Manager: “Sorry, the roster says you’re working”. Employee: “Suppose I don’t have a choice then“. An appeal decision of the Full Court of the Federal Court of Australia in Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC […]
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