From 1 March 2025 with employees in Queensland are required to prepare (and follow) a sexual harassment and sex or gender-based harassment prevention plan (“Plan”). The risk management process is set out in the ‘Managing the risk of psychosocial hazards at work’ Code of Practice, which can be accessed here. Broadly speaking, the Plan must: […]
The process for employees to convert from casual employment to part or full time employment is changing. What avenue applies depends on your business and when the casual employee was employed: Unlike the previous system, the ‘Employee Choice Pathway’ (“ECP”) does not require the employer to offer the conversion. Instead, employees have the right to […]
Two recent decisions of the Fair Work Commission have provided guidance on when a resignation may be considered ‘forced’, and so a dismissal at the employer’s initiative. One of these cases involved a situation where the employee was refused a discretionary bonus, while the other involved an employee being required to make repeated requests for […]
This Employment Update examines the recent decision of Ryan v Secretary, Department of Education [2024] NSWPIC 186. Whilst the decision of the New South Wales Personal Injury Commission will not be binding on other Courts or Commissions in Australia, it does provide some helpful insight into what constitutes reasonable or unreasonable management action when it […]
This update examines the recent decision of the Fair Work Commission in Peter Ridings v Fedex Express Australia Pty Ltd T/A Fedex. Facts The employer (Fedex) operated part of its business through an office in Brisbane. The employee commenced employment with the employer in 2015 and worked from the employer’s Brisbane office. The employee initially […]
A recent line of redundancy cases confirms that redeployment considerations are wider than previous case history suggests. This update examines a decision of the Federal Court in Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45, which heard an appeal from the Fair Work Commission relevantly on genuine redundancy and redeployment. Specifically, the Fair Work […]
This employment update examines a recent decision which confirmed the inherent danger in an employer delaying payment of final entitlements (such as untaken annual leave entitlements) to a departing employee whose employment is at an end. Employers are often tempted to withhold payment of final entitlements to ensure the safe return of company property after […]
Minimum wage increase On Monday 3 June 2024, the Fair Work Commission has announced a 3.75% increase to minimum rates in modern awards, which takes effect from the first full pay period after 1 July 2024. For those employees who are not covered by a modern award or enterprise agreement, and are paid the National […]
The recent Fair Work Commission decision of Tanasak Supsingcra v White Rabbit Kiaora Lane Pty Ltd demonstrates the risks faced by employers where they seek to punish a casual employee by reducing their hours. Facts The employer, ‘White Rabbit’, operate cafés in Sydney. The aggrieved employee, Mr Supsingcra, was engaged by White Rabbit on a […]
We have prepared a summary of the most significant changes arising from the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (‘Closing Loopholes No. 2 Act’), which was passed by the Federal Parliament on 12 February 2024 and received royal assent on 26 February 2024.The Closing Loopholes No. 2 Act amends the Fair […]