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Fumbling Procedural Fairness: The Risks of an Inadequate Investigation

When an employee behaves inappropriately, a quick termination may seem like a no-brainer. However, acting hastily can result in a finding of unfair dismissal if a proper process and procedural fairness is ...
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Closing Loopholes Bill No. 2 passes Parliament

Earlier this month, it was confirmed that both Houses of Parliament passed the second tranche of amendments to the Fair Work Act 2009 (Cth) under the Albanese Government’s Fair Work Legislation Amendment ...
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New regulations for fixed term contracts commence today

Utilising employees on a fixed term basis is an important tool for many businesses to undertake projects, cover long-term absences, and manage their workforce. However, as of 6 December 2023, new restrictions ...
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Preparing for peak season: Understanding ‘reasonable additional hours’

In the lead up to the peak retail trade season, employers may have additional hours on offer to staff during busy times. Importantly, beyond being aware of the applicable rates of pay ...
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Fair Work Commission announces review of retail and food service industry modern awards

In a further significant development in the industrial relations arena, the Fair Work Commission (the Commission) announced on Friday that it will be reviewing seven commonly used modern awards. The announcement follows ...
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Director personally liable for wage underpayments

In a timely reminder about wage compliance, the Fair Work Ombudsman has recently persuaded a court to hold a director personally liable for underpayments made to staff. This case serves as a ...
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Everyone has a role to play in preventing sexual harassment

Since the passage of the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Act), employers have been grappling with how they can meet their duty to proactively prevent sexual ...
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The Importance of Prioritising Proper Performance Management

As a manager or human resources professional in the retail or quick service sectors, managing employee performance can easily fall by the wayside amongst the hustle and bustle of day-to-day operations. In ...
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Effective from today: Family and Domestic Violence Leave will apply to small businesses

The entitlement to 10 days of paid family and domestic violence leave (FDV Leave) has now been extended to small business. Effective from 1 August 2023, small businesses must ensure that they ...
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Handling ‘Heat of the Moment’ Resignations

In the ordinary course of events, once an employee communicates their resignation to an employer, and the employer accepts the resignation, it is generally considered final, and the employee usually cannot retract ...
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Deadline for destruction of COVID-19 vaccination information in Victoria

Employers in Victoria have until 11 August 2023 to destroy any COVID-19 Vaccination information they have recorded or held under the Occupational Health and Safety Amendment (COVID-19 Vaccination Information) Regulations 2022 (the ...
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Engaging part-time employees: Perfecting Part-time

Of all employment types, part-time employment is the category with a notorious reputation for being inflexible and includes intricacies that, if not watched carefully, can catch employers out with unforeseen consequences. Consider ...
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Blackout periods and seasonal casuals: tips and tricks

While we may only be halfway through the year, it is generally time to start planning for seasonal periods and how to best cover increased staffing needs. The general solution businesses turn ...
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Important changes to workplace laws commencing on 1 July 2023

Minimum wage increase – The Fair Work Commission will raise the National Minimum Wage to $882.80 per week or $23.23 per hour, along with a 5.75% increase to minimum award wages. The new ...
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Abandonment of Employment: What to do when employees go missing in action

In the realm of workplace relations, the expression ‘abandonment of employment’ has become synonymous with situations whereby an employee abruptly ceases to attend work for an extended period of time, without a ...
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Managing the spread of illness in the workplace

As winter and the cold and flu season arrive, employers should be aware on how to appropriately manage employee absences. This article aims to provide practical insights and solutions to common questions, ...
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Deadlines for ‘Secure Jobs, Better Pay’ Amendment

Come Wednesday 7 June 2023, businesses will be expected to have adopted the changes relating to pay secrecy, flexible working arrangements and employee notification of zombie agreements as a part of the ...
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Top Tips For Effective Workplace Investigations

Workplace investigations can be timely and complex. From undertaking initial enquiries to undertaking witness interviews, it is important to ensure that a procedurally fair process is undertaken to maintain the integrity of ...
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Understanding work health and safety improvement notices

State workplace health and safety regulators have the power to issue improvement notices to businesses they believe have contravened, or are contravening, the State’s workplace health and safety legislation. It is important ...
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Leveraging leaders – Developing your internal talent pool

As the job market remains competitive and top talent hard to find, organisations are finding it more challenging to fill leadership positions with suitable candidates. Instead of looking to external sources, many ...
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On the Record – What are your record-keeping obligations?

As the federal government are undertaking consultations about criminalising underpayments of wages, which includes provisions for not keeping records or keeping false or inaccurate records, employers should be conscious of their record-keeping ...
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Common employer mistakes in the Fair Work Commission

If an employee has brought a claim, such as an unfair dismissal or general protections claim, employers are faced with the decision of attempting to defend the claim themselves or getting an ...
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The role of a support person in workplace investigations and disciplinary proceedings

As most business owners and HR professionals would be aware, the hallmark of any compliant workplace investigation or disciplinary proceeding is ensuring ‘procedural fairness’. Affording procedural fairness to an employee includes, among ...
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Psychosocial risks: What are your obligations?

As an employer, it is your responsibility to ensure the health and safety of your employees, not just in terms of physical health, but also in terms of mental health. An area ...
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Common Redundancy Pitfalls to Avoid

Redundancy is a complex process that requires careful consideration and planning. Redundancies can be difficult for both employers and employees, and if not managed properly, can result in negative outcomes such as ...
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Changes to Workplace Gender Equality Agency reporting for 2023

Last week many organisations around the country celebrated International Women’s Day, however statistics show that there is still plenty of work to do to achieve true gender parity. The Workplace Gender Equality ...
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Hand them over: First charges under WA Work Health and Safety Act may result in fines of $1.87m

Western Australia’s WorkSafe regulator (WorkSafe), the State’s body tasked with enforcing the Work Health and Safety Act 2020 (WA) (Act), has laid charges under the Act for the first time against a ...
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