Articles

  • Sep 2, 2024 | mondaq.com | Megan Cant

    26 August 2024 was a significant date for employers, with changes to a significant number of Closing Loopholes reforms for the engagement of different forms of labour coming into effect. A key reform that continues to drive significant concern and debate is the 'right to disconnect'. The 'right to disconnect' took effect from 26 August 2024* as a new protected right in the Fair Work Act 2009 (Cth) (FW Act).

  • Apr 4, 2024 | mondaq.com | Michael Selinger |Jamie Kim |Megan Cant

    Employers will be familiar with Australia's anti-discrimination laws. However, a lesser-known protection that often falls under the radar is in the anti-discrimination provisions of work health and safety legislation. In SafeWork NSW v Qantas Ground Services Pty Ltd (No. 4) [2024] NSWDC 53, SafeWork NSW succeeded in what appears to be the first prosecution for discriminatory conduct under the NSW and model work health and safety laws in Australia.

  • Feb 13, 2024 | mondaq.com | Megan Cant |Natasha Jones

    In 2023, Australian employers experienced the most substantial changes in a decade to the industrial landscape. These changes were far reaching, from the Fair Work Act 2009 (Cth) (FW Act) and Respect@Work reforms, to work health and safety laws. Not only did the changes introduce new rights and protections, they also introduced new restrictions on forms of work and compliance obligations forcing the need for businesses to consider their workforce strategy.

  • Dec 19, 2023 | mondaq.com | Fiorella Chiavetta |Megan Cant |Jamie Kim |Chloe Hamer

    Australia's sexual harassment framework has been subject to significant law reform as part of the implementation of the Respect@Work report recommendations. Now, a new benchmark for general damages awards has been set in a recent Federal Court of Australia judgment in Taylor v August and Pemberton Pty Ltd [2023] FCA 1313. Boards and employers should be aware of this benchmark when considering their approach to the new positive duty to prevent sexual harassment in the workplace.

  • Nov 15, 2023 | hcamag.com | Megan Cant |Natasha Jones

    Fair Work Commission decision spurred changes to award On 16 September 2023, key changes to the Professional Employees Award 2020 will come into operation. These changes follow a decision of the Fair Work Commission (FWC) earlier this year to vary the Professional Employees Award and will take effect from an employee’s first full pay period on or after 16 September 2023.

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