On 22 June 2022, the Fair Work Ombudsman Sandra Parker (FWO) has announced their strategic priorities for the year ahead. We summarise the priorities to give employers and employees alike a ‘heads up’ for what is to come from the regulatory body: 1. University Sector Ms Parker said the universities sector was a new compliance […]
Recent Underpayment Case Results in Substantial Penalties
The FWO has secured a total of $204,000 in penalties against the operators of Riddhi Siddhi Pty Ltd (“the Company”), which operates ‘Vege Rama’ – a Brisbane fast food outlet, after the use of false records to disrupt their investigation. Background The FWO investigation into the business was first launched in November of 2020, after […]
Labor’s Industrial Relations Policy – Federal Election 2022
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
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 the unpaid 5 days’ unpaid FDV leave that all workers […]
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 […]
Application of Landmark High Court Decisions
For over the past 20 years, companies have struggled with the question of who will be an employee and who will be an independent contractor. Previously, the courts would apply a ‘multifactorial test’ which would examine a range of indicia to examine the ‘totality’ of the employment relationship to decide whether the worker is an […]
WHS Enforcement Plan for COVID-19 Revised by SafeWork NSW and Employer Held Liable for COVID-19 Death
In January 2022, Safework NSW (“Safework”) has amended its statement of regulatory intent with respect to COVID-19. The noticeable omission from the statement was the explicit protections, that were discussed by the National Cabinet, to protect employers who do not mandate vaccinations. In fact, Australia’s premiers and chief ministers agreed at an August 2021 meeting […]
Western Australia Recognise Insecure Work as a Health Hazard
In an Australian first, Western Australia has formally recognised insecure work in its new Code of Practice on Psychosocial Hazards in the Workplace (“the Code”), which provides practical guidance on how Western Australia workplaces can comply with their duties under the state’s Occupational Safety and Health Act 1984. A psychosocial hazard is defined as any social […]
Five Serious Burns and Zero Convictions: Workers Dismayed at No Prosecution Decision
Background In May 2020, five labour hire workers sustained severe burns after a Queensland coal mine exploded due to “spontaneous combustion” of highly explosive methane gas. An investigation into the explosion (“the Investigation”) conducted by the Queensland Coal Mining Board of Inquiry (“BOI”) found that duty holders of the mine had failed to take “timely […]