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Engaging Junior Employees – What You Need To Know

The retail and fast food sectors are some of the largest employers of junior employees in Australia. However, additional obligations are imposed on businesses engaging employees under the age of 18. While ...
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New Family and Domestic Violence Leave entitlements begin February 1

Following the passage of the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 (the Act) in November last year, 1 February 2023 marks the day many employees become entitled ...
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‘Zombie’ enterprise agreements set to expire

With the passing of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, a 12-month timer has begun on all ‘zombie’ enterprise agreements. What is a ‘zombie’ agreement? A zombie ...
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Changes to annualised wage arrangements under the Hospitality Industry (General) Award 2020 and the Restaurant Industry Award 2020

As of 1 September 2022, the annualised wage arrangement provisions under the Restaurant Award 2020 (Restaurant Award) and the Hospitality Industry (General) Award 2020 (Hospitality Award) (collectively, the Awards) have been tightened, ...
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Sexual harassment in the spotlight

Since our November article here on the Fair Work Commission’s new ‘Stop Sexual Harassment’ jurisdiction, the Federal and some State governments have announced that they will be taking steps to act on ...
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Amendments to the Fast Food Industry Award to take effect from 28 July 2022

Upon commencement of the Fair Work Act 2009 (Cth) (Act), the Fair Work Commission (Commission) was directed to undertake a 4-yearly review of all modern awards to ensure that they were meeting ...
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Sushi restaurant penalised for ‘serious contraventions’ of workplace laws

In the recent decision of Fair Work Ombudsman v Delishesco Pty Ltd,[1] the Federal Circuit and Family Court has handed a Brisbane restaurant over $355,000 in penalties for ‘serious contraventions’ of the ...
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When disaster strikes: What entitlements do my employees have during the floods?

When disaster strikes and business is suspended or employees can’t get to work, multiple employment entitlements are impacted. In this article, we wrap up some of the most frequently asked questions and ...
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Franchisor responsibility under the Fair Work Act: When can you be liable for your franchisee’s non-compliance?

In certain circumstances, franchisors can be held legally responsible for conduct of their franchisees that breaches workplace laws under the Fair Work Act 2009 (Cth) (Fair Work Act). Not every franchise arrangement ...
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new Labor government industrial relations changes

Industrial relations changes under the new Labor government: What can employers expect?

Following the recent Federal election, the new Labor government under Prime Minister Anthony Albanese is expected to introduce a raft of changes to workplace laws in Australia. Going into the election, Labor’s ...
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A black and white image of a women from her shoulders upward, with both hands covering her entire face.

Paid Family and Domestic Violence Leave provisionally endorsed by Fair Work Commission

Unpaid family and domestic violence leave has been a feature of the National Employment Standards since 2018. Arising from the Fair Work Commission’s 4-yearly review of modern awards, the Australian Council of ...
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A photograph of a person's torso packing away their belongings into a cardboard box that is sitting on a table. Insinuating a person packing away their things from a workplace.

No Compensation for Unfairly Dismissed Anti-Vaxxer

In the current climate surrounding Covid-19, employers have sought to comply with ever changing health directions, and to safeguard their workplaces, by enacting vaccination policies and requirements. Where some employees have failed ...
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A photo of a bronze lit up lantern, and some utensils of a middle east style, with some dates sitting in a brass bowl.

Ramadan in the workplace: Best practice guide for employers

This evening, the Islamic holy month of Ramadan will commence, to end on the evening of 1 May 2022. During Ramadan, practicing Muslims will abstain from food or drink, including water, from ...
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Employer who told 61-year-old employee they were “too old” for the job ordered to pay compensation

In March 2021, a construction company was ordered to pay $3,000 to a construction worker for discriminating against him on the basis of his age. As most employers are aware, it is ...
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Fair Work Commission agrees that ‘green tick’ was unworkable as vaccination evidence under workplace policy

In the recent case of CFMEU v BHP Coal Pty Ltd [2022] FWC 81, a senior member of the Fair Work Commission (Commission) has decided that employers can require workers to provide ...
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Fair Work Commission declines to make stop sexual harassment order

In a recent decision, the Fair Work Commission has declined the opportunity to exercise its powers under the new anti-sexual-harassment jurisdiction. Commencing on 11 November 2021 the Commission may make any order ...
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Mental health and performance management: Achieving the right balance

Heath authorities have warned, and it is fast becoming clear, that the anxiety and isolation caused by the COVID-19 pandemic will have drastic consequences for the mental health of Australians. With the ...
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To mask or not to mask? Employer succeeds in defending mandatory mask requirement

In a recent case before the Fair Work Commission, a flight attendant’s employment came to an end due to her refusal to wear a face mask. The case of Watson v National ...
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“Beware the work Christmas party!” – motherly advice that both employers and employees do well to heed

As the holiday season approaches, businesses and their employees are looking forward to relaxing together at work Christmas parties and celebrating the end of another challenging COVID-19 impacted year. However, the festive ...
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Are you a Company Director? How and when to apply for your Director Identification Number

As of November, company directors in Australia have been given deadlines to apply for Director Identification Numbers. Following recent amendments to the Corporations Act 2001 (Cth) (Corporations Act), the Australian Business Registry Services (ABRS) is now responsible for requiring every director of an Australian company or ...
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Introducing the Fair Work Commission’s new powers: Stop Sexual Harassment Orders

Australian workforces have certainly not been immune to the impacts of global movements such as #MeToo and #TimesUp. In fact, a 2018 national inquiry (National Inquiry) undertaken into sexual harassment led by ...
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Paid leave for parents who experience miscarriage

The ‘Respect@Work’ provisions of the Fair Work Act 2009 (Cth) (FW Act) have been well publicised and have made the news for their establishment of a new, stop sexual harassment jurisdiction in ...
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Fair Work Ombudsman ramps up use of compliance notices as wage theft continues to dominate headlines

The Fair Work Ombudsman (Ombudsman) has more than doubled its use of compliance notices over the last 12 months. The watchdog reported that in the financial year of 2020 to 2021, it ...
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Sydney Water safety poster causes sexual harassment claim

Safety poster becomes costly reminder that horseplay can still amount to sexual harassment

Independent contractor and workplace consultant, Vitality Works Australia Pty Ltd (Vitality Works), and NSW government-owned corporation Sydney Water (Sydney Water), have each been held jointly liable for sexual harassment after displaying a ...
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Compliance deadline approaching for casual conversion

The key compliance date of 27 September 2021 for employers to meet new ‘casual conversion’ requirements is fast approaching. This is the deadline for compliance with the latest changes to the Fair ...
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mandatory vaccination policy

Mandatory COVID-19 Vaccinations: No Jab, No Job?

The Qantas Group (Qantas) has announced that it will require all employees to be fully vaccinated against COVID-19 by 31 March 2022. For frontline staff, that date is even sooner, at 15 ...
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“Coming, ready or not!” When can employers be forced to commence enterprise bargaining?

In July this year, the Fair Work Commission halted an attempt by the Retail and Fast Food Workers’ Union (RAFFWU) to force Coles Supermarkets Australia to the bargaining table for a new ...
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