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COVID-19 | Managing coronavirus in the workplace: Is your business “pandemic” ready?

It has been a turbulent start to the incoming decade as many Australian businesses have had to deal with the implications of major natural disasters and pandemics, from unprecedented bushfires to a global outbreak of the Novel Coronavirus (COVID-19). To assist employers we have created a guide to serve as the foundation for business decisions […]

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You are on notice – comply or run the risk of serious consequences well beyond back-pay!

“…if there is a major business in Australia who doesn’t consider itself on notice that they have to invest and improve their systems of payments, and their platforms, and their technology, and their auditing, then that system, that company would have rocks in its head… you’re on notice.” Industrial Relations Minister and Attorney-General Christian Porter […]

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Top 10 HR Issues of 2020

While 2019 saw a number of changes across the employment landscape that have had a significant impact on HR teams in all industries, that trend seems set to only continue.  From annualised wage arrangements, employee classification and underpayments issues, through to modern slavery reporting and whistleblowing reforms and their practical implications, HR professionals will certainly […]

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Annualised wage arrangements: Have you considered all of your options?

Effective 1 March 2020, new annualised wage provisions will be inserted into a number of modern awards. As an employer, you may have considered whether entering into an annualised wage arrangement is necessary or appropriate for your business. Importantly, the Fair Work Commission has confirmed that relying on a contractual off-set clause under an employment […]

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Are your part-timers really part-timers? Another reason it’s time for a compliance check!

There is no more important time than now for employers to ensure they know and effectively manage the correct legal categorisation of their workforce and the attendant entitlements and obligations. Casuals, contractors and now part-timers have all been the flavour of the month for the Fair Work Ombudsman (FWO). Luxottica Retail Australia Pty Ltd, trading […]

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Ill or injured employees: when is termination ‘valid’?

In the recent decision of Jack v Sigma Healthcare T/A Sigma Healthcare [2019] FWC 6364 (13 September 2019) the Fair Work Commission (Commission) has determined that an employee who was dismissed by her employer, Sigma Healthcare (Sigma), after she sustained an injury outside of work and could no longer perform the inherent requirements her job, […]

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Federal Government and Cadbury seek leave to appeal Federal Court decision that left bad taste in employers’ mouths

The Federal Government and major employer Mondelez, who operates a Cadbury plant in Tasmania, will seek leave to appeal last month’s landmark Full Federal Court decision regarding paid personal/carers’ leave, to the High Court. The decision concerned the meaning of the word “day” for the purpose of the entitlement to 10 days paid personal/carer’s leave […]

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Performance management, workplace bullying and reasonable management action

The management of employee performance is a key component for every successful organisation. However, performance management by its very nature, is difficult and can often lead to a range of legal risks for businesses. One particularly difficult scenario is where an employee alleges the performance management process, or the way in which performance management is […]

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Potential reform of Australia’s federal discrimination laws

The Australian Human Rights Commission is currently reviewing Australia’s federal discrimination laws and considering what reforms should be made to those laws. To that end, the Commission recently released a discussion paper, “Free and Equal: An Australian Conversation on Human Rights“, setting out its preliminary views on the priorities for reform. The paper notes that […]

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New whistleblower laws: ASIC consults on whistleblower policy requirements

We recently published a comprehensive guide to the new obligations for employers and the expanded protections for whistleblowers, under Australia’s revised corporate whistleblowing regime. That regime commenced operation on 1 July 2019 and creates a significant compliance burden for all companies, including the requirement for some companies to have a whistleblower policy.   Who must […]

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Modern slavery reporting: NSW legislation update

Over a year since the Modern Slavery Act 2018 (NSW) (Act) was passed by Parliament, the legislation is still yet to come into force, or even have a date set for doing so. Since that time, the Federal Modern Slavery Act 2018 (Cth) has passed and come into effect (see our previous article on that […]

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New whistleblowing laws – are you ready?

The Australian corporate whistleblowing regime has recently been significantly amended by the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth), which was passed by the Federal parliament on 19 February 2019. That legislation comes into operation from 1 July 2019 and creates a large compliance burden for employers. To understand the legislation, new obligations […]

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