The Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 introduces several significant changes to the Fair Work Act 2009 and other related legislation, enhancing workplace arrangements.
Read MoreStarting 1 January 2024, superannuation contributions will be included in the National Employment Standards (NES), granting most employees covered by the NES the legal ability to pursue recovery of unpaid or insufficient superannuation contributions through court under the Fair Work Act.
Read MoreFrom 1 May 2023, updates to many awards now include new rules for managing annual leave during shutdown periods, which were not specifically addressed in earlier versions of the awards.
Read MoreFrom December 6, 2023, new regulations will limit the use of fixed-term employment contracts to a maximum of two years, including any extensions or renewals, except under specific circumstances. These contracts cannot be extended or renewed more than once. Additionally, there are restrictions on offering consecutive fixed-term contracts to the same employee.
Read MoreFrom 7 June 2023, employment contracts are prohibited from containing pay secrecy clauses.
Read MoreStarting from June 6, 2023, the criteria for employees to request flexible work arrangements have expanded to include those experiencing family and domestic violence or who are pregnant. Employers now face stricter requirements when handling these requests
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Starting July 1, 2023, Australia's Parental Leave Pay and Dad and Partner Pay will merge into a single payment scheme of 20 weeks, planned to incrementally extend to 26 weeks by July 2026. This reform introduces a unified family income threshold of $350,000 to determine eligibility, replacing the individual limit of $156,647. The scheme now allows either parent to claim the payment, offering increased flexibility in how parental leave can be utilized, including the option for both parents to be on leave simultaneously and to take leave in blocks as short as one day with periods of work in between.
The Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 has revised the National Employment Standards to enhance Family and Domestic Violence leave from 5 days of unpaid to 10 days of paid leave annually. This amendment extends eligibility to casual employees, grants leave at the beginning of each year instead of accruing it, and broadens the definition of Family and Domestic Violence to encompass various abusive behaviors by close relations that aim to control, harm, or instill fear in the employee.
Read MoreAs of July 1, 2023, Australia raised the high income threshold for award-free and agreement-free employees to $167,500 per annum. Employees earning above this threshold are now ineligible to file an unfair dismissal claim under the Fair Work Act 2009 if dismissed after this date. Concurrently, the compensation cap for those eligible to claim unfair dismissal was increased to $83,750.
Read MoreOn November 9, 2023, the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 was enacted in Australia, introducing significant changes to the unfair contract terms (UCT) regime under the Australian Consumer Law. The legislation now imposes substantial financial penalties on businesses that include unfair terms in their standard form contracts, with potential fines up to $50 million, three times the benefit obtained, or 30% of adjusted turnover during the breach period if the benefit is indeterminable. Additionally, the UCT regime's scope has been expanded to include more small businesses and provides clearer guidelines on what constitutes a standard form contract and the application of terms.
Read MoreThe Commission found the applicant had options for attending work or obtaining additional medical evidence to support an exemption. The Commission observed that the applicant did not exercise those options but instead wrote to the respondent to inform them of her resignation. As a result the Commission held that her resignation was voluntary, and the applicant was found not to have been dismissed.
Read MoreThe Commission concluded that the applicant was ‘utterly unrepentant’ about the conduct which caused his dismissal and that the applicant’s beliefs about the pandemic made him ‘impervious to directions and warnings from management’. The Commission found that the dismissal was not harsh, unjust or unfair. The application was dismissed.
Read MoreA probationary period is an important time used by employers to assess if employees are suitable for the role and business and determine whether the employment relationship should continue.
Read MoreEmployee policies often called an employee manual, is a document given to the employees which outlines your company’s policies, culture and expectation of behaviour and work. Employee policies commonly include a code of conduct, health and safety, hours of work, leave provisions, redundancy, training and development and termination policies.
Read MoreJust as employers owe fiduciary duties to their employees’, employees owe fiduciary duties to their employer. These include the duty of loyalty and the duty not to profit. The recent High Court case, Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd, also recognised that a third party who knowingly assists in a breach of fiduciary duty between an employee and employer, has too, committed an equitable wrong.
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