Archive | Legal News

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 […]

WorkSafe Victoria Investigating COVID-19 death

In the first investigation of its kind, WorkSafe Victoria is investigating the COVID-19 death of a 46-year-old call centre Serco employee, Martin Blight, who was identified as a close contact at his workplace’s exposure site. The investigation was commenced following pressure from the Australian Services Union (ASU) for the workplace regulator to make inquiries into […]

Two employees who mainly worked in India not entitled to long service leave entitlements

In a recent judgment of the Court of Appeal of Victoria (the Court), the Court held that two employees were not entitled to long service leave (LSL) entitlements because they primarily performed their work outside of the State of Victoria (the State). In Infosys Technologies Limited v State of Victoria, the Court was required to […]

No Return on Investment for Fund Manager’s Workplace Bullying Claim

In an unusually long and detailed decision stretching over 100 pages, the Fair Work Commission (Commission) has dismissed an application by an investment fund Portfolio Manager seeking ‘stop bullying’ orders against his direct manager (Head of Strategy) and his employer (Funds Management Company) after six days of hearings. The Complaint The Portfolio Manager made a […]

SafeWork Australia Launches New Lung Safety Campaign

SafeWork Australia has announced a new campaign related to occupational lung diseases. The campaign, entitled ‘Clean Air. Clear Lungs’, focuses on less known and often unseen risks to the health of workers’ lungs in a variety of working environments. The knowledge of the workplace risk of developing lung diseases has increased in recent years. While […]

End of Flexibility Provision in Modern Award

In or about March 2020, restrictions imposed to manage the circumstances of COVID-19 impacted many Australian businesses. To cushion COVID-19’s impact on employers and employees, on 28 March 2020 the Fair Work Commission (‘the FWC’) issued a decision enabling the insertion of a new schedule into the Clerk – Private Sector Award 2020 (‘the Clerks […]

‘Right to Disconnect’ and Remote Working Arrangements: What Employers Should Know

COVID-19 has shattered workplace norms about how traditional work is carried out, by ushering in a new and unprecedented ‘work-from-home’ culture (WFH). Technology has also facilitated the extension of work, connecting employers and employees virtually at all hours of the day. Consequently, remote working arrangements and technology advances have blurred the lines between worker’s professional […]