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Charu Chandan Blood Drip (200 × 200 px)

ALERT!

Employers must notify employees of Zombie Agreement termination by 6 June 2023

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All employers who have employees covered by “Zombie Agreements” must give all affected employees written notice by 6 June 2023 about the automatic termination or ‘sunsetting’ of the Zombie Agreement. A failure to give the required written notice could result in a financial penalty being ordered by a Court. ‘Zombie Agreement’ is the general term […]

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Copy of Psychosocial (200 × 200 px)

EMPLOYMENT UPDATE

Psychosocial hazards at work: what are they and how can you prevent them?

Queensland has become the latest jurisdiction to adopt Safe Work Australia’s model Code of Practice and Regulations on managing psychosocial hazards at work. The Workplace Health and Safety Regulation 2011 (Qld) (‘WHS Regulation’) has been amended to define ‘psychosocial hazards’ and require PCBUs to eliminate or minimise psychosocial hazards at work. In addition, a new […]

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CHANGE TO HOW ROSTER EMPLOYEES TO WORK ON PUBLIC HOLIDAYS (200 × 200 px)

ALERT!

Employers must change how they roster employees to work on public holidays

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In a decision handed down last week, the Full Court of the Federal Court has found that BHP’s labour hire company contravened section 114 of the Fair Work Act 2009 (Cth) and the National Employment Standards (‘NES’) by requiring a group of employees to work on public holidays. The decision represents a significant departure from […]

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S-xual harassment (200 × 200 px) (1)

EMPLOYMENT UPDATE

Sexual harassment

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On 6 March 2023, amendments to the Fair Work Act 2009 (Cth) (‘FW Act’) commenced, and which empower the Fair Work Commission to deal with sexual harassment disputes through broader powers than the pre-existing ‘stop sexual harassment’ order jurisdiction provided for. These changes follow the Anti-Discrimination and Human Rights Legislation (Respect at Work) Act 2022 […]

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Psychological injury (200 × 200 px)

EMPLOYMENT UPDATE

Double dipping employee with psychological injury awarded $1.73 million

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The Victorian Supreme Court has recently found that Vision Australia’s dismissal of a consultant for alleged repeated aggressive behaviour was a “sham and a disgrace” and contributed directly to the employee’s “very serious” psychiatric injury. The employee previously made an unfair dismissal application, which was settled with the employer five years prior to bringing this […]

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Promotions

PRESS RELEASE

Aitken Legal announces promotions

Specialist employment law firm, Aitken Legal has promoted two employment lawyers based in its Sunshine Coast office and one in its Gold Coast office. Angela Engel, who heads the firm’s Gold Coast office, has been promoted to Senior Special Counsel.  Angela has over 20 years’ experience practicing in employment law with 12 of those years […]

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holidays (1)

ALERT!

Many employers to lose rights to direct employees to take unpaid leave during annual shutdowns

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From 1 May 2023, a significant number of employers in Australia will lose a current right, contained in many modern awards, to direct employees to take unpaid leave during shutdown periods when the employee has no accrued annual leave. The majority of employers have a shutdown period at least once a year, sometimes due to […]

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Flexible working (200 × 200 px) (1)

EMPLOYMENT UPDATE

Navigating flexible work requests

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Two recent cases, the first before the Fair Work Commission (‘FWC’), and the second before Queensland Industrial Relations Commission (‘IR Commission’), provide two distinct examples of what employer should do, and what an employer should not do, in terms of assessing a flexible work arrangements request. Fyfe v Ambulance Victoria – Fair Work Commission Case […]

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Untitled (200 × 200 px)

EMPLOYMENT UPDATE

Changes coming in 2023 to Employment Law & Workplace Relations

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Industrial Relations reform was a dominant political battleground between the major parties, and a clear focus for the Albanese Federal Government throughout 2022. The Federal Government has now successfully passed arguably the most significant reforms to the Fair Work Act since its introduction some 13 years ago.  Some amendments will have immediate impacts for employers, […]

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