Legal Updates
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Click here for all Fair Work Lawyers Workplace Updates The Fair Work Commission has just handed down the 2023 wage decision, increasing the national minimum wage and base rates of pay in modern awards. 2 June 2023 The Full Federal Court has recently handed down a decision that appears to impact on previously accepted practices in relation to working public holidays. This decision is likely to have a particular impact on businesses that operate all year round (including, without limitation, in industries such as hospitality, FIFO operations and essential services). 4 April 2023 Recent anti-discrimination and Fair Work amendment legislation has introduced a number of important legislative changes specifically targetting s–ual harassment in the workplace (workplace harassment). This update provides an overview of those changes and he considerations for employers arising from them. 3 March 2023 The Federal government’s recent workplace relations reform legislation, first introduced six weeks ago passed both houses of parliament and is due to come into law imminently. Our overview of these reforms can be found below. 5 December 2022 The Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 received royal assent. This legislation introduces paid family and domestic violence leave to all employees as an entitlement under the National Employment Standards. This is not an immediate change, with a transitional period depending on business size. 10 November 2022 Queen’s Memorial Public Holiday The Prime Minister has announced a national day of mourning for Queen Elizabeth II, to be held on Thursday 22 September 2022. This is intended to be a one-off public holiday rather than a recurring one. 11 September 2022 The Fair Work Commission has just handed down the 2022 wage decision, increasing the national minimum wage and base rates of pay in modern awards. 15 June 2022 Independent Contractors Key High Court Decisions 2022 The High Court handed down two long-awaited decisions regarding the engagement of independent contractors s compared to employees, an issue that has long been filled with complexity and fraught with risk. These decisions have provided some welcome clarity, particularly conforming the focus is to be on the terms of the contractual documents. However, significant complexity remains and the decision also unsettles previously settled practices. 9 February 2022 The Fair Work Commission has just handed down the 2021 wage decision, increasing the national minimum wage and base rates of pay in modern awards. 16 June 2021 Fair Work Amendment (Supporting Australia’s Jobs and Ecomonic Recovery) Bill 2021 In December, the Morrison Government introduced the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2021 (the Bill) into parliament. The Bill was designed amend a large array of areas under the Fair Work Act 2009 (Cth) (the Act) and ancillary legislation. Yesterday, a significantly stripped back version of the Bill which essentially only deals with one issue – casual employment – was passed by parliament. 21 March 2021 13 August 2020 In a significant win for employers, the High Court has confirmed the traditionally understood method of accruals (ie. by reference to an employee’s ordinary hours) is the correct method, overturning several Federal Court decisions that held to the contrary. This particularly impacts on part-time and non-standard (ie. more than 8 hour) days where traditionally implemented pro rating and accrual methods were at risk. 19 June 2020 The Fair Work Commission has today handed down its annual wage review increasing minimum rates of pay. Unlike previous years, this was not a unanimous decision. The dissenting decision appears to have been made by an economist member of the panel. Important changes to the Fair Work Act 2009 for JobKeeper eligible employers 8 April 2020 As part of its Jobkeeper subsidy, parliament has passed legislation amending the Fair Work Act 2009 (the Act). This provides rights to employers eligible for Jobkeeper payments to issue certain ‘jobkeeper enabling directions’ (Directions) to employees 23 January 2019 Inclement weather is an industrial relations concept that deals with circumstances where an employee is prevented from performing work due to weather or climactic conditions. The general rule in industrial relations is that if an employee is prevented from performing useful work due to circumstances beyond the employer’s control, the employee may be stood down without pay. Key leave entitlement decisions 23 August 2018 Two recent decisions have created uncertainty for employers with respect to leave entitlements under the National Employment Standards (“NES”). The NES are minimum standards that override any other conditions of employment, notably awards / enterprise agreements or contracts of employment, where those conditions are inferior to the NES. Employers who breach the NES face significant financial penalties. 1 June 2018 The Fair Work Commission has just handed down the 2018 wage decision, increasing the national minimum wage and base rates of pay in modern awards. 17 October 2017 The right to join – or not join – a union is a fundamental freedom under industrial relations laws. The Fair Work Act 2009 (the Act) enshrines protection of freedom of association as do various anti-discrimination laws. The Code for the Tendering and Performance of Building Work 2016 likewise requires ensuring freedom of association as key component of Code compliance. 6 June 2017 The Fair Work Commission has just handed down the 2017 wage decision, increasing the national minimum wage and base rates of pay in modern awards. 31 May 2016 The Fair Work Commission has just handed down the 2016 wage decision increasing the national minimum wage and base rates of pay in the modern awards. 2 June 2015 The Fair Work Commission has just handed its 2015 Annual Wage Review decision. 30 January 2015 Making employees redundant is never a pleasant situation. However, failing to comply with relevant laws can expose a business to additional legal complications and costs at a time the business can least afford it. Below we set out some important considerations for employers.
Click here for all Fair Work Lawyers Legislation Updates As per our previous update, the Federal government has passed significant legislative reforms recently. Our overview of the changes as introduced can be found below. The reforms do not take effect on a uniform date and instead Parliament has adopted a staggered approach to the introduction of the new laws. This update provides a guide as to when the various changes will take effect and should be read in conjunction with our previous articles on the topic. 21 December 2022 The Federal Government has issued its long awaited workplace relations reform. This is the legislation as introduced. While it is expected to pass in some form, it may be subject to amendment. The government has indicated its intention to pass this legislation before parliament rises on 1 December 2022, although that will be subject to the Senate’s views. 27 October 2022 Changes to the Code for the Tendering and Performance of Building Work 2016 20 March 2017 Recent amendments relate to enterprise agreements. These amendments reduce the ‘transitional period’ from two years to 9 months, and reinstate the original intent of the Code when first announced in 2014 to only require enterprise agreements made after a certain date (24 April 2015) comply with the Code. Code for the Tendering and Performance of Building Work 2016 16 January 2017 The Code for the Tendering and Performance of Building Work 2016 (the Code) came into effect on 2 December 2016. Although in operation, the politics leading up to this (and the resulting amendments), mean the practical obligations on businesses are not yet fully known. However, businesses are already required to comply with it if they want to win Commonwealth funded construction projects. Key Federal Government legislation passed 30 November 2016 Today, the Senate passed the Building and Construction Industry (Improving Productivity) Bill 2013 (the BCI Bill), with substantial amendments. The BCI Bill, along with the Fair Work (Registered Organisations) Amendment Bill 2014 (the RO Bill), were triggers for the double dissolution election this year. The RO Bill was passed by the Senate with amendments last week and given Royal Assent on 24 November 2016. The attached update is a summary of the key changes to the two bills. Legislative changes and recent decisions 11 October 2016 The recent federal election has seen a slow-down in legislative reform, although the first piece of legislation under the new Turnbull government was recently passed. This update looks at this recent change, along some selected recent decisions that may be of interest to clients. Transport Sector Minimum Obligations 7 January 2016 One of the features of the former Rudd-Gillard government’s workplace relations platform, which has to date remained relatively unseen by business, was the Road Safety Remuneration Act 2012 (the Act). This situation has now changed, with the introduction of the first major Road Safety Remuneration Order, which includes an unprecedented supply-chain audit and enforcement process. 12 November 2015 Last night, the House of Representatives passed a heavily modified version of the Fair Work Amendment Bill 2014 (the Bill). This legislation has been the subject of prolonged debate, and ultimately only a very small number of changes were passed by the Senate. 28 September 2015 On 16 October 2015, the Building Code (Fitness for Work / Alcohol and Other Drugs in the Workplace) Amendment Instrument 2015 (the amendment) will come into effect. The amendment requires ‘code compliant’ contractors to implement drug and alcohol testing procedures on most code compliant sites.
Click here for all Fair Work Lawyers Workers Compensation Updates The Return to Work (Scheme Sustainability) Bill was passed by Parliament on 14 July 2022, meaning there are some significant changes coming to the South Australian workers compensation system. 18 July 2022 Update on the Return to Work Act 2014 9 May 2016 Fair Work Lawyers have maintained a close watch on developments under the Return to Work Act 2014 (the Act), which came into operation on 1 July 2015. While the Act introduced many changes, most of these have not yet had time for their effect to be properly assessed. This circular focusses on recent developments that have been of interest to clients. 16 March 2016 Clients regularly contact Fair Work Lawyers frustrated with employees who are unwilling to divulge information about alleged medical circumstances. In many cases, there is a habitual refusal to provide anything beyond a basic certificate stating they suffer from a ‘medical condition’. Return to Work premium adjustment notices 8 October 2015 In August this year, Return to Work SA issued their premium adjustment notices for the 2014/15 financial year. These are the final adjustment notices to be issued under the now replaced premium system, which was highly complicated and prone to error. 10 August 2015 On 1 July 2015, section 18 of the Return to Work Act 2014 (SA) (the Act) came into effect. This provision replaced the former section 58B, which required an employer to provide an injured worker suitable duties where reasonable, with a worker based right to request duties, backed by broad-ranging powers for the South Australian Employment Tribunal (SAET) to order an employer to employ an injured worker, even so far as creating a position or duties for the worker. 19 February 2015 WorkCover SA (now officially Return to Work SA) have informally announced the new premium system. The proposed changes will mean a large shift in how premiums are calculated and in turn affect the way business need to manage their compensation claims.
Click here for all Fair Work Lawyers Award Updates 2 October 2018 The Fair Work Commission has recently issued a key decision regarding construction awards as part of its four yearly review of modern awards. These changes will take effect from 1 December 2018 for employers who to whom the applicable award(s) apply. Family and Domestic Violence Leave 12 December 2018 Last night, the Federal Government passed legislation that extended this entitlement to all employees by including this as part of the personal leave provisions of the National Employment Standards (NES). Family and Domestic Violence Leave 31 July 2018 As part of the 4 yearly review of modern awards, the Fair Work Commission handed down a decision granting unpaid family and domestic violence leave. From the first full pay period on or after 1 August 2018 award-covered employees will now be entitled to unpaid family and domestic violence leave. 23 February 2017 The Fair Work Commission has recently handed down its long-awaited penalty rates decision as part of its Review of Modern Awards. The Commissions decision is to reduce weekend and public holiday rates in a number of retail and hospitality awards 20 August 2015 Accident make-up pay is an award obligation that requires the employer to top up the difference between an employee’s wages and what they receive under workers compensation payments. 12 June 2015 The Fair Work Commission has just handed down the first major decision in its four yearly review of modern awards.
Click here for all Work Health and Safety Updates 2 November 2017 Today the South Australian Lower House passed the Greens’ Work Health and Safety (Representative Assistance) Amendment Bill 2017 (the Bill), which will soon become law. The Bill amends section 68 of the Work Health and Safety Act 2012 (SA) (the Act), removing the restrictions on who a Health and Safety Representative (HSR) can request assistance from, by deleting subsections 68(4) and (6) of the Act. Rules for OHS consultants 7 September 2017 Section 68 of the Work Health and Safety Act 2012 (SA), provides that a duly appointed ‘health and safety representative’ (HSR) may invite a ‘consultant’ into a workplace to assist them carrying out their duties. Drug & alcohol testing management 8 February 2016 As previously advised, on 16 October 2015, the Building Code (Fitness for Work / Alcohol and Other Drugs in the Workplace) Amendment Instrument 2015 (the amendment) came into effect. The amendment requires ‘code compliant’ main contractors to implement drug and alcohol testing procedures on most code compliant construction sites. Fair Work Building and Construction (FWBC) have advised that the education phase is now over and, as of 1 February 2016, they have begun compliance audits which can lead to sanctions being issued. 7 April 2015 The significantly increased fines and potential jail terms for employers under the Work Health and Safety Act 2012 have refocused employer’s attention on the often controversial issue of drug and alcohol testing onsite.
