From 26 August 2024, changes to the definition of “employee” will affect how independent contractors are classified. The key change reinstates the multi-factorial test, requiring employers to consider the overall substance of the working relationship, not just the contract terms. This applies to all current and future relationships.

Starting August 26, 2024, employees in Australia will have a new legal right to disconnect from work-related contact outside of working hours. Under Section 333M of the Fair Work Act 2009, employees can refuse to respond to after-hours messages from employers. This change is aimed at improving work-life balance. Learn how these new rights will impact your organisation.

From 1 July 2024, all modern awards and enterprise agreements must include delegates' rights terms due to the Fair Work Legislation Amendment (Closing Loopholes) Act 2023. This change ensures workplace delegates have legislative rights to communicate with members and access workplace facilities.

Managing underperformance in the workplace involves clear communication of responsibilities, accurate identification of performance issues, and supportive consultation with employees. Proactively managing underperformance fosters a culture of continuous improvement, enhancing productivity and organisational success.

Fair Work Commission announces 3.75% wage increase - National Minimum Wage and modern award minimum wages. To address gender undervaluation, including in the areas of early childhood education, disability home care, and social and community services.

Reasonable management action must be lawful, proportionate, procedurally fair, transparent and justified. It includes actions like performance management and disciplinary measures. Proper application of these principles helps reduce legal risks, such as claims for psychological injury and unfair dismissal and can lower staff turnover.

The Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) (Respect at Work Act) was introduced to implement six recommendations from the Respect@Work Report

The landscape of casual employment in Australia has undergone significant changes following the High Court's landmark decision in Workpac Ltd v Rossato & Ors [2021] HCA 23. The recently enacted Closing Loopholes No 2 Act, introduces a legislative definition of casual employment effective from late August. Employers are advised to reassess their casual workforce within the six-month transition period to ensure compliance.

As remote work becomes increasingly prevalent, the boundaries between home and work life have become more fluid. With many employees finding themselves engaged in work tasks outside of traditional office hours, the need for clear guidelines regarding work-life balance has never been more pressing. Read more about what you need to know.

A recent decision by the Fair Work Commission highlights the significance of proper procedure even when there are valid grounds for dismissal. In a case involving allegations of harassment, the Commission found that the employer's procedural deficiencies outweighed the valid reasons for termination. Despite the employee's inappropriate behavior, the employer's failure to manage the conflict adequately and provide procedural fairness led to an unfair dismissal verdict.

The responsibility lies with the employer to provide evidence and justification for their refusal of a flexible work request. Employers should keep this in mind during negotiations or when declining requests, aiming to find common ground whenever feasible to prevent unnecessary conflict.

The right to disconnect, introduced through the Fair Work Legislation Amendment (Closing Loopholes No.2) Bill 2023, grants Australian employees the entitlement to ignore work-related communication outside of working hours, except when deemed unreasonable. This amendment seeks to balance work-life boundaries by allowing employees to disengage after work hours, unless specific criteria for reasonableness are met.

In the aftermath of the COVID-19 lockdowns, the education sector grapples with the concept of flexibility. The push for workplace flexibility aligns with the 2023 Senate Select Committee on Work and Care's recommendations, citing positive impacts on gender equality globally. However, the unique nature of the education sector underscores the necessity for comprehensive engagement with school communities to address diverse needs and ensure successful implementation of any significant changes.

Fixed term contracts (including maximum term and temporary contracts), entered into on or after 6 December 2023, are limited to a maximum period of two years and/or one renewal, including previous periods of employment, unless limited exceptions apply.

CER will soon be integrated into Catholic Schools NSW (CSNSW), joining the Legal and Risk team, and marking the end of the CER entity. The merger aims to better meet the employment law needs of Catholic organisations in education, social services and religious sectors.

Learn how to effectively manage performance issues with employees, from distinguishing between underperformance and misconduct to implementing performance improvement plans for better results.

This article explores the concept of reasonable additional hours under the Fair Work Act, covering the rights of employees to refuse such hours and the corresponding compensation. It delves into considerations for determining reasonableness, payment obligations, and potential future changes regarding the "right to disconnect" outside of work hours.

Effective from 1 July 2023, the Fair Work Commission has announced a 5.75% increase in the National Minimum Wage and Modern Award pay rates, with the NMW actually increasing by 8.6%. Ensure that your award-covered employees' wages reflect the new pay increase and stay compliant with the updated regulations.

A recent decision by the Industrial Relations Commission highlights the challenges schools face when dealing with child protection and fairness to employees accused of serious misconduct. This article explores a case involving a male teacher in NSW who was dismissed for alleged sexual misconduct involving a student. CER can assist with advice and representation.

Learn how to navigate difficult conversations and provide constructive feedback in the workplace to avoid negative consequences such as resentment, low morale and decreased productivity. Reframing difficult conversations as constructive conversations promotes curiosity, understanding and resolution. Creating a psychologically safe workplace environment, characterised by warmth, vulnerability and open dialogue, fosters confidence and enhances communication skills, leading to a more productive and engaged team.