Impact on Employers and the Real Estate Industry Right to Disconnect The “right to disconnect” refers to a new workplace right for employees “to disconnect” and not respond to their employer after or outside work hours. Specifically, the rights for employees include: an employee may refuse to monitor, read or
On 14 February 2024, the Fair Work Commission (FWC) handed down a decision in an underpayment claim involving varying redundancy pay. Our employee relations experts examine the case and what it means for businesses. Case Facts Mr Bill Harold McLaughlin commenced employment with Watters Electrical Pty Ltd on 1 February
Remainder of Closing Loopholes Bill Passed Parliament The remainder of the Federal Government’s controversial Fair Work Amendment (Closing Loopholes) Bill 2023 (the Bill), including “intractable bargaining” provisions and changes to casual employment, has passed Parliament. However, in the Government’s rush to pass the Greens’ “right to disconnect” laws, an additional
Changes to Travel Time The Decision Narangoda Amayuru Paranahewa (Applicant) submitted an application to the Fair Work Commission (FWC) under section 158 of the Fair Work Act (Cth) 2009 (FW Act), seeking to amend the terms of the Real Estate Industry Award 2022 (Real Estate Award). Specifically, the proposed changes
A Melbourne stonemasonry business has been penalised $1.3 million while its sole director has avoided jail and fines in the first completed prosecution in the Supreme Court of Victoria (VSC), under Victorian industrial manslaughter laws, which were introduced in 2020. In this decision, the trial judge Justice Michael Croucher (Croucher
The concept of procedural fairness is the concern of providing fair and appropriate decision-making process in the workplace, with focus on the steps taken by the decision maker, rather than the decision itself. The application of a procedurally fair process is considered when commencing disciplinary action, investigating, or terminating an
Australia’s workplace laws have been fundamentally rewritten after the Federal Government successfully passed a swathe of changes to the Fair Work Act over the past two years. Amongst the latest changes to be passed by Parliament in February 2024, one provision has generated a lot of discussion – the right
Equal Opportuity Equal employment opportunity is in place to prevent and eliminate discrimination in the workplace. Discrimination is any practice that makes distinctions between individuals or groups of individuals on unlawful or prescribed grounds so as to treat some less favourably. It may result from a variety of unreasonable or
Ensuring work health and safety (WHS) in office environments is crucial to promote the well-being of employees. Under the Work Health and Safety Act (WA) 2020, Person Conducting Business Undertaking (PCBU) are obliged to provide a safe and healthy workplace. Offices have their own unique risks that are very often
Crossbench intervention has interfered with the Federal Government’s industrial relations bill, prompting a split in the legislation proposed by the Fair Work Amendment (Closing Loopholes) Bill 2023 (Closing Loopholes Bill). The Federal Government’s attempt to make a raft of major changes to industrial relations laws this year looks set to
Australian mining giant BHP Group Limited (BHP) sought special leave from the High Court of Australia (HCA) to overturn a recent Federal Court of Australia (FCAFC) decision. The decision BHP sought to overturn was made on 28 March 2023 in Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amendment Act) will enact a number of changes to Australia’s industrial relations laws. A number of these changes become active from 6 December 2023, which include: new limitations for fixed and maximum term contracts; and the automatic termination of
