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Casual Employment Changes
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.
December 6 deadline for contract 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.
Catholic Employment Relations to be integrated with Catholic Schools NSW to enhance services for Catholic employers
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.
Attention Employers: Increases to the National Minimum Wage and Modern Award pay rates
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.
Employers must extend their flexibility in dealing with employee requests
Employers will have new obligations and requirements from June 6 2023, regarding requests for flexible working arrangements and unpaid parental leave extensions, necessitating a review of current practices, discussions with employees, consideration of alternative changes and update to current procedures. Please seek guidance to ensure compliance with the new obligations.
CER update - Understand your obligations in relation to flexible working
There are amendments to flexible working arrangements and unpaid parental leave extensions, which will come into effect on 6 June 2023. Employers must be aware of their new obligations and requirements and take action to review and update their practices and policies to ensure compliance with the amendments. This article details the actions that employers should take to prepare for the new requirements.
Pre-Shift work – what is it and when do employees need to be paid for it?
In this article recent decisions relating to ‘shift-work’ are explored emphasising the importance for employers to accurately evaluate what constitutes 'time worked' to avoid potential legal disputes and underpayment claims. It provides practical tips for employers to ensure compliance with pay-related obligations and provides guidance on determining whether pre-work activities should be considered 'work' and thus require payment.
Fair Work Legislation Amendment - update #4
The changes introduced by the Fair Work Amendments, which we will cover in this update, include provisions to:
Sexual harassment
Anti-discrimination and special measures
Equal remuneration
Fair Work Legislation Amendment - update #3
The changes introduced by the Fair Work Amendments, which we will cover in this update, include provisions to:
Industrial action
Single interest employer bargaining stream
Supported bargaining stream
Fair Work Legislation Amendment - update #2
The changes introduced by the Fair Work Amendments, which we will cover in this update, include provisions to:
Initiating bargaining – the changes introduced that allow unions to initiate bargaining
Termination of enterprise agreements after nominal expiry date
Dealing with errors in enterprise agreements
Fair Work Legislation Amendment - update #1
The changes introduced by the Fair Work Amendments, which we will cover in this update, include provisions to:
Abolition of the Australian Building and Construction Commission (ABCC) and Registered Organisations Commission (ROC)
Prohibition on pay secrecy
Prohibition on advertising contravening pay rates
Sunsetting ‘zombie’ agreements
Time to update your workplace policies
A timely reminder to update your workplace policies. Attention Employers: Fair Work Act amendments – update your policies and WHS risk management frameworks
As you may be aware, the recent Fair Work Act amendments require employers to address and manage risks in several areas affecting their employees.
Flexible working requests - reasonable business grounds objection
When considering flexible work requests employers should consider key factors and ensure that they are complying with relevant laws and regulations. By considering these factors, employers can evaluate flexible work requests and make informed decisions that benefit both the employee and the organisation.
When is an overtime request considered unreasonable?
Employers are responsible for ensuring that the overtime they request is reasonable and that employees are not being asked to work excessive or unreasonable hours. If you are concerned that the overtime you are asking your employees to work is unreasonable or are unsure of award rates, you can seek advice from our expert employment lawyers, contact us.
Workplace bullying - a case study example
This case serves as a clear message to employers and organisations that an employee who has suffered psychological injury from bullying and harassment, can recover Fair Work compensation in addition to damages for psychological and or physical injuries.
The Respect@Work Bill and what it means for employers
The Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 (the Bill) has been introduced to Parliament this week.
Crown Employees Salaries and Conditions Award 2022
On November 11, The Industrial Relations Commission NSW (NSW IRC) published its decision on the Application for the Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2022.
Managing psychosocial hazards in the workplace
The recent amendment made to the Work Health and Safety Regulation 2017 (NSW) by the Work Health and Safety Amendment Regulation 2022 (NSW) imposes an explicit obligation on persons conducting a business or undertaking (PCBUs) to manage and control psychosocial risks in the workplace, from 1 October 2022.
Changes to the Educational Services (Teachers) Award 2020
Get updated on the latest changes to the Educational Services (Teachers) Award 2020 which came into effect on the first full pay period on or after 1 January 2022.
Deductions for insufficient notice
A notice period is an important time at the end of a person’s employment. Unfortunately, sometimes employees leave without giving any notice or don’t work out their whole notice period. The FAQs in this article answer the enquiries we commonly receive when this occurs.
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