In light of the Labor Party’s recent win in the Federal Election last month, here is a summary of some of the Labor Party’s key Industrial Relations Policy promises they brought forward in their campaign: Wage Rises to Match Inflation During his campaign, now Prime Minister Anthony Albanese promised to back wage growth to match […]
Family Domestic Violence Leave Changes
Family and Domestic Violence Leave: From Unpaid to Paid Entitlements Millions of Australians will be entitled to 10 days’ paid domestic violence leave (FDV leave) per year under a landmark decision by the Full Bench of the Fair Work Commission (FWCFB) handed down on Monday, 16 May 2022. The entitlement will be in addition to […]
Changes to National Employment Standards Announced in 2022 Budget
On 29 March 2022 Federal treasurer Josh Frydenberg announced that the Morrison Government’s (the Government) 2022 budget (the Federal Budget) would be extending Paid Parental Leave (PPL) to support new parents. Mr Frydenberg revealed that the government was engaging with key stakeholders in amending the National Employment Standards (NES) to boost redundancy payouts to women […]
Wage Underpayment Targeted
Should the Federal Government Criminalise Wage Theft? There is pressure on the Federal Government to outlaw wage theft as an anti-competitive practice following a Senate inquiry on unlawful unemployment. A majority report by the Economics References Committee released last week by Labor, Greens and Independent Senators made 19 recommendations to stop the unlawful underpayment of […]
Maximum Term Contract leaves referee on the Bench
A General Protections claim before the Fair Work Commission (“FWC”) has been “stopped in its tracks” before it even started. The FWC held that a National Rugby League (“NRL”) referee was not dismissed, but rather, his “maximum-term” 12-month contract expired. It is for this reason that the FWC had no jurisdiction over the matter as […]
Government Power to Mandate Vaccinations Upheld by Supreme Court
A series of challenges to mandatory vaccination requirements has been dismissed on all grounds by the New South Wales Supreme Court. Legal Challenge The legal challenges, lodged on behalf of ‘essential workers’ in the construction, health and aged care and education industries, sought to challenge the validity of the NSW public health orders that restrict […]
Flexible working arrangements and when they simply don’t work
Under the National Employment Standards, employees have a right to request from their employer flexible working arrangements in some circumstances. Such requests may involve changes to work hours, patterns or locations so that an employees may either, maintain a work-life balance, continue their caring responsibilities, or may be able to work despite major interruptions to […]
Mandatory COVID-19 Vaccine Policies Fair Work Commission Full Bench upholds Unfair Dismissal Sacking after Employee’s Vaccine Refusal: Kimber v Sapphire Coast Community Aged Care [2021]
The full bench of the Fair Work Commission (FWC) has upheld a decision that the dismissal of a residential aged-care facility receptionist, Ms Kimber, who refused to receive a flu vaccine, was not harsh, unjust or unreasonable. The majority decision maintained that Ms Kimber’s employer, Sapphire Coast Community Aged Care Ltd (the Company), had not […]
Casual Terms Award Review 2021: What are the Casual Conversion Rules for Employers?
The Fair Work Commission (Commission) has officially completed its Casual Terms Review (the Review) following amendments to the Fair Work Act 2009 (Cth) (the Act) on 27 March 2021. Schedule 1 of the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Cth) (the Amending Act) introduced a new definition for ‘casual employee’ under s 15A of […]
Respect Bill Passed
The Morrison Government’s Respect@Work legislation has now passed both houses of parliament, after the House of Representatives backed the legislation, as amended by the Senate. The Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Cth) (Amendment Act) implements significant elements of Sex Discrimination Commissioner Kate Jenkins’ landmark Respect@Work report on workplace sexual […]