The QIRC rejects employee’s bid to return to work despite favourable medical assessments

The Queensland Industrial Relations Commission (QIRC) has rejected an employee’s claim that he was unlawfully discriminated against after his employer refused his request to return to work following a non-work related injury. The employee underwent multiple medical assessments which concluded he was able to resume normal duties, which the employer, for safety-related reasons, chose to […]

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FWC proposes a new “Arts and Culture Sector” modern award

The Fair Work Commission (Commission) is seeking the views of interested parties in relation to the proposed creation of a new modern award for the arts and culture sector. The purpose of the proposed award is to address potential overlapping award coverage and coverage gaps for employees working in the sector. The Commission has published […]

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Employee accused of misconduct reinstated following ‘deeply flawed’ investigation

The Fair Work Commission (Commission) has reinstated an employee of a mining company after his employer failed to conduct a thorough investigation into allegations of misconduct.[1] The decision is a reminder for employers to ensure that they have the necessary expertise and procedures in place before conducting internal workplace investigations, particularly when there is conflicting […]

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First Australian breastfeeding workplace discrimination case

Breastfeeding is a protected attribute under federal anti-discrimination laws,[1] and throughout the majority of Australia’s States and Territories.[2] The ACT Civil and Administrative Tribunal (ACAT) recently delivered what appears to be the first reported Australian workplace anti-discrimination decision related to mothers breastfeeding at work.[3] ACAT determined that employers must make arrangements to accommodate the breastfeeding […]

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Can you monitor your employees’ keystrokes?

The remote work trend has caused many employers to struggle to adapt how they monitor productivity. Employers are increasingly utilising software to track employee output, including keystroke monitoring software (i.e. software applications that record the number of individual keystrokes typed on a keyboard, as well as mouse movement, over time). The Fair Work Commission (Commission) […]

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New restrictions on fixed term employment contracts

From 6 December 2023, new limitations will apply to fixed term contracts of employment. Broadly, the changes will: limit the maximum duration of fixed term contracts to two years; provide robust restrictions to prevent employers from circumventing these limitations; and require employers to provide employees on new fixed term contracts a ‘Fixed Term Contract Information […]

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Court ruling narrows exception to redundancy pay: what employers need to know

A recent ruling by the Full Court of the Federal Court of Australia has narrowed the exception to employers’ obligation to provide redundancy pay[1]. This development carries implications for employers, particularly those engaged in labour hire. Failing to keep up with these changes can expose employers to potential breaches of the National Employment Standards (NES). […]

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Changes to Enterprise Bargaining – Genuine Agreement Requirement

This is the third article in Gadens’ series regarding the key workplace changes that commence from 6 June 2023, the article below takes a deep dive into changes to the enterprise bargaining process outlined in our previous piece. Employers will encounter changes to the enterprise bargaining process which started on 6 June 2023, which employers […]

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Blowing the whistle on whistleblower protections: is your business aware of its obligations?

Whistleblowing in Australia has seen a rapid increase in attention given past legislative changes following the Royal Commission into the Banking, Superannuation and Financial Services industry and recent high profile whistleblower prosecutions in this space. As we go on to discuss below, in late March 2023, former public servant and Australian Taxation Office employee, Richard […]

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Are you meeting your psychosocial obligations?

On 1 April 2023, the Managing the risk of psychosocial hazards at work Code of Practice 2022 (Code), published by Safe Work Australia, was approved under the Work Health and Safety Act 2011 (Qld) (WHS Act) and became legally enforceable in all Queensland workplaces covered by the WHS Act. The Code comprehensively addresses the process […]

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Are you working more hours than you’re legally required to?

The well-publicised dispute involving independent Federal Parliamentarian, Monique Ryan and her former Chief of Staff, Sally Rugg has brought the legal issue of what constitutes reasonable additional hours to the forefront. Many experts believe that this case will open the floodgates to widespread litigation as more Australian employees become aware of their potential exploitation in […]

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What the new Respect@Work legislation means for employers

On 25 November 2022, the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) (Act) was passed by Parliament. This article highlights the legislative changes that employers must closely examine, understand and implement in their workplaces. Positive duty to eliminate unlawful sexual discrimination The Act amends the Sex Discrimination Act 1984 (Cth) (SD […]

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