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.

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 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.

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.

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.

The Full Federal Court of Australia has made a significant decision regarding the right of employers to require their employees to work on public holidays. The court ruled that employers are not allowed to direct employees to work on public holidays but must instead make a reasonable request and consider the factors listed in Section 114(4) of the Fair Work Act. This decision may cause difficulties for employers who rely on rostering in advance, particularly those covered by the Social, Community, Home Care and Disability Services Industry Award 2010.

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

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

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

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

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.

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.

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.

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 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.

The Residential Care Workers Register (‘the Register’) came into effect on 18 July 2022 and requires designated agencies to provide their residential care worker details into the Register before they can provide care in a residential setting.

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.

A stand down takes place when an employer stops an employee from working without pay, for a reason that is outside of the employer’s control. We explore situations that employers can face when determining appropriate circumstances for standing down employees.

Sadly, many people across Australia and the world, suffer domestic and family violence. This is a very real problem and as an employer it is important to be aware of how to support your employees should they need it.

COVID-19 has meant a change in work environment for many, if not all industries. We explore the 3 top tips for maximising your working from home journey.