Legal Updates

Managing Exposures During the Festive Season
5 December 2024
Work Christmas functions are a great opportunity to celebrate and have fun with your colleagues, but they can become a source of considerable distress when inappropriate employee conduct occurs at these functions. Employers need to be particularly vigilant in relation to the serving and availability of alcohol at Christmas events, and recognise that alcohol frequently plays a significant part in the unlawful behaviours at end-of-year events, including sexual harassment and bullying behaviours.
Please click here to read the client alert.

SafeWork NSW increasing workplace checks on psychological health and safety
19 November 2024
The WHS regulator, SafeWork NSW, is ramping up checks on psychological health and safety in NSW workplaces, flagging that when inspectors respond to a request for service in organisations with 200+ workers, they will now do a standardised check to see if the workplace is meeting its duty to manage psychosocial hazards. This includes if the purpose of the visit is unrelated to psychological health and safety. The regulator has also made it clear that it will not hesitate to take regulatory action against PCBUs for non-compliance.
Please click here to read the client alert.

Pay Transparency in Australia
November 2024
Employers banning their workers from discussing their salary amongst colleagues has been a controversial matter for some time. Conversations with co-workers regarding their pay were previously either subject to disciplinary action or culturally discouraged in many businesses. Recent changes in Australian law has led to workers now having a right to openly discuss their salaries and employment conditions with others, including their colleagues, without fear of retribution by their employer. Employees are also afforded an additional layer of legislative  protection as employers must not treat them adversely because they have discussed their pay with co-workers.
Please click here to read the client alert. 

The Right to Disconnect After Working Hours is Now in Effect
A new workplace right – the “right to disconnect” – is now in effect for eligible Australian employees. The right to disconnect is set to impact the way that businesses operate, including, in particular, global businesses with Australian employees working in a global team and/or servicing clients or customers across different time zones. It is important for employers to understand how the right to disconnect operates and the steps that can and should be taken to ensure compliance.
Please click here to read the client alert.

Industrial Manslaughter laws will soon be in place in all Australian jurisdictions
16 September 2024
Due to recent legislative reforms, industrial manslaughter will soon be an active offence in every Australian state and territory. However, the elements and penalties attached to the offence vary from jurisdiction to jurisdiction.
Please click here to read the client alert.

Work Safety: What does “all reasonable steps” mean? A timely reminder for officers
12 September 2024
The recent decision of SafeWork NSW v Miller Logistics Pty Ltd; SafeWork NSW v Mitchell Doble [2024] NSWDC 58 usefully illustrates the steps the Court will consider when deciding whether an officer has discharged their due diligence obligations under work health and safety legislation. Now, more than ever, it is crucial for senior executives to not only be aware of their legal obligations in relation to work health and safety, but to be mindful of the practical steps they must take to avoid a conviction.
Please click here to read the client alert.

Commission rejects indefinite full-time work from home request by employee
20 August 2024
Employees in Australia have a right to request flexible working arrangements under section 65 of the Fair Work Act 2009 (Cth). The right to request flexible working arrangements is not new. However, there have been no decisions in this area until recently. The Fair Work Commission recently considered a dispute under section 65 in relation to a request to work full time from home indefinitely. In doing so, the Commission provided valuable insight into how it will balance requests for flexible working arrangements with the business needs of an organisation.
Please click here to read our Harmers client alert.

NSW takes positive steps in preventing sexual and gender-based harassment within the workplace
17 July 2024
Safe Work Australia has published a model Code of Practice: Sexual and gender-based harassment (“Code”). The Code provides practical guidance for persons conducting a business or undertaking (“PCBUs”) on how to eliminate or minimise the risk of sexual and gender-based harassment at work. New South Wales is one of the first Australian states to formally adopt the Code, giving the Code legal effect in that jurisdiction.
Please click here to read our Harmers client alert.

Increases to Minimum Wages and Other Important Changes from 1 July 2024
The Fair Work Commission handed down its annual wage review decision on 3 June 2024. Employers should be aware of this and other important changes that may affect them
Please click here to read the Harmers client alert.

Senior Employees Personally Liable for Involvement in $3.89 Million Underpayment Penalty Case
In a recent penalty decision arising from a FWO prosecution, a prominent international restaurant chain has been fined more than $3.89 million for underpayment and breach of payroll obligations. The General Manager and HR Manager were also both ordered to pay significant penalties for their roles in the payroll scam.
Please click here to read the Harmers client alert.

Silence is no longer golden – the use of NDAs in sexual harassment matters
April 2024
According to recent research, 75% of legal practitioners in Australia have never resolved a sexual harassment settlement without a strict non-disclosure agreement (“NDA”). However, the recent shift from a complaint-based approach to one that requires positive action means that employers must be mindful to implement NDAs in a manner aimed at proactively preventing sexual harassment in the workplace.
Please click here to read the Harmers client alert.

Closing Loopholes No. 2 Act has commenced
March 2024
The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 received Assent and became law in Australia on 26 February 2024. In this article, we update our February 2024 employment law update to outline when various amendments under this Act will come into force. We recommend that employers with operations in Australia review any employment contracts, policies and internal operations to ensure compliance with these legislative reforms.
Please click here to read the Harmers client alert.

Closing Loopholes No. 2 Bill finally passes both Houses of Parliament – here’s what to expect
February 2024
The passing of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 marks the second round of reforms to the Fair Work Act 2009 (Cth), initiated by Minister for Employment and Workplace Relations, Hon Tony Burke MP. After a round of Senate public hearings from September 2023 to January 2024, the Bill was finally passed in both Houses of Parliament earlier this month and will commence operation on a variety of dates.

Building upon the initial changes implemented under the Fair Work Legislation Amendment (Closing Loopholes) Act 2023, this Bill makes changes such as the definition of employees and employers, rights for casual workers, protections for independent contractors, and the establishment of a statutory right to disconnect outside of work hours.
Please click here to read the Harmers client alert.

Looking Ahead in 2024: Australian Employment Law Update
January 2024
In 2023, the Australian federal government passed several amendments to various laws regulating employment in Australia. Some of the amendments have already come into force and the remaining will take effect at different times between now (January 2024) and 2025. With another major round of changes pending before the Senate, employers operating in Australia need to be prepared to adapt to the changing regulatory landscape in 2024.
Please click here to read the Harmers legal update.

Managing Exposures During the Festive Season
November 2023
Work Christmas functions are a great opportunity to celebrate and have fun with your colleagues, but they can become a source of considerable distress when inappropriate employee conduct occurs at these functions. Employers need to be particularly vigilant in relation to the serving and availability of alcohol at Christmas events, and recognise that alcohol frequently plays a significant part in the unlawful behaviours at end of year events, including sexual harassment and bullying behaviours.
Please click here to read the client alert.

Closing Loopholes Bill and how to prepare yourself for it
On 4 September 2023, the federal government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023. The Bill identifies closing certain ‘loopholes’, which will conclude the government’s ongoing reforms to the Fair Work Act 2009 (Cth) (“FW Act”). This Harmers Workplace Lawyers legal update includes a summary of the key changes to the FW Act that would be introduced by the Bill.
Please click here to read the client alert.

More Things to do Before Christmas
The Australian Human Rights Commission’s Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces Report (published in 2020) recommended a new positive duty as part of the Sex Discrimination Act 1984 (Cth). This was designed to shift the emphasis from a complaints-based model to one where employers or persons conducting a business or undertaking must continuously assess and evaluate whether they are meeting their requirements to eliminate sex discrimination and harassment in the workplace. From 12 December 2023, the Australian Human Rights Commission will have the power to enforce compliance with the positive duty.
Please click here to read the client alert.

Variation of Professional Employees Award 2020, September 2023
Changes to the Professional Employees Award 2020 come into effect on 16 September 2023.  This Award covers a wide range of employees who work in information technology, medical research, quality auditing, engineering and telecommunications.
Please click here to read the client alert.

Secure Jobs, Better Pay & Protecting Worker Entitlements:
Australian Industrial Relations Reforms in 2023
This Harmers’ legal update provides a summary of the main amendments to the Fair Work Act 2009 (Cth) introduced by the First and Second Tranches of Amendments put forward by the Australian Parliament in the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, which was passed on 6 December 2022, and the Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023, which was passed on 22 June 2023.
Please click here to read the client alert.

Increases to Minimum Wages and the High Income Threshold – Important Changes Regarding Wages in effect from 1 July 2023
July 2023
With the start of the new financial year comes changes to the national minimum wage and the high-income threshold for the purpose of unfair dismissal applications. Employers should be aware of the important changes that will affect most, if not all, businesses in Australia. From 1 July 2023, Australia’s national minimum wage for adult employees increased from $812.60 per 38 hour week (or $21.38 per hour) to $882.80 per 38 hour week (or $23.23 per hour).
Please click here to read the client alert.

Recent Australian Superior Court Decisions: 6 Month Restraint of Trade Upheld, College Lecturer Denied Superannuation
June 2023
Two significant decisions have come out of the superior courts of Australia in the month of May 2023. These decisions have important implications for employers and their rights and obligations in relation to two important issues: the enforcement of restraint of trade obligations in a written contract of employment, explored in Janala Pty Limited v Hardaker (No 3) [2023] NSWSC 446; and the distinction between an employee and independent contractor, explored in JMC Pty Ltd v Commissioner of Taxation [2023] FCAFC 76.
Please click here to read the client alert.

Court Fines HR Manager $7K, Declaring ‘High Need’ for Deterring Adverse Action
April 2023
A Court has levelled a hefty penalty against an HR manager for mismanaging a termination that involved adverse action taken to prevent the employee making a claim to the Fair Work Commission. Judge Blake’s decision in United Workers’ Union v Bervar Pty Ltd (No 2) [2023] FedCFamC2G 251 is a prudent reminder of the potential financial consequences for individual accessories to an employer’s mistakes.
Please click here to read the client alert.

If You Don’t Ask, You Don’t Get – Requiring employees to work on public holidays
March 2023
A successful appeal by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) against the decision in Construction, Forestry, Maritime, Mining and Energy Union v OS MCSP Pty Ltd (No 2) [2022] FCA 132 has clarified employees’ rights surrounding working on public holidays.
Please click here to read the client alert.

Employees Entitled to Paid Family and Domestic Violence Leave
February 2023
Employees (including part-time and casual) of non-small business employers (employers with 15 or more employees) can now access 10 days of paid family and domestic violence leave in a 12-month period. Employees (including part-time and casual) of small businesses (employers with less than 15 employees) can access the leave from 1 August 2023. The Federal Labor government made this their first change in workplace laws in 2023.
Please click here to read the client alert.

The Risks of CHATGPT for Employers
February 2023
As organisations increasingly turn to advanced technologies to streamline their operations and improve their productivity, the use of chatbots like OpenAI’s ChatGPT has become increasingly popular. While this technology can certainly offer many benefits and time efficiencies, there are also a number of significant dangers and other implications that employers should be aware of when it comes to using ChatGPT in their workplace.
Please click here to read the client alert.

Looking Ahead in 2023 – Australian Employment Law Update
January 2023
Looking ahead in 2023, employers operating in Australia will be required to adapt to recent developments and upcoming changes in the regulatory landscape. This Harmers publication covers nationwide trends, upcoming events, and new resources for employers; industrial relations reform and other upcoming changes in 2023; changes to employment contract practices; The Paid Parental Leave Bill; The Respect at Work Bill; and The whistleblower regime.
Please click here to read the publication.

50-hour work week for meat dicer unreasonable, employer ordered to pay $90,000 in penalties for various breaches of Fair Work Act 2009
December 2022
The Federal Court of Australia has found that a 50-hour work week for an employee working shifts starting at 2:00am at a meat wholesale business was unreasonable, being 12 hours in excess of the maximum weekly hours of work prescribed by the Fair Work Act 2009 (Cth), and fined the employer over $90,000 for various breaches of the National Employment Standards.
Click here to read the client alert.

Secure Jobs Better Pay Changes to Employment Contract Practices
Among the many changes made by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 assented to on 6 December 2022 are some important provisions that will affect employers’ contracting practices. This article summarises these changes, including new limits on the ability to use fixed term contracts, a prohibition on pay secrecy clauses, and changes to the processes for dealing with requests for flexible working arrangements.
Please click here to read the client alert.

The Respect at Work Bill – Key Changes for Employers
On Monday, 28 November 2022, Parliament passed the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022.  From the introduction of a positive duty obligation to lowered thresholds to determine what constitutes sex-based harassment. Here’s what employers need to know about the recently passed Respect at Work Bill.
Please click here to read the client alert.

Managing Exposures During the Festive Season
November 2022
Work Christmas functions are a great opportunity to celebrate and have fun with your colleagues, and to reconnect after a difficult period brought about by the COVID-19 pandemic, but, as is still too often the case, work Christmas functions can become a source of considerable distress when inappropriate employee conduct at these functions puts employers at risk of claims of sexual harassment, bullying, adverse action and unfair dismissal.
Please click here to read the client alert.

First Tranche of Industrial Relations Reforms – What Does it Mean for Employers and Employees?
November 2022
Reform to industrial relations laws has been high on the new Labor government’s agenda since its election in May 2022 and the September 2022 Jobs Summit foreshadowed changes to the Fair Work Act 2009. Now, the first tranche has landed with the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 tabled in Parliament on 27 October 2022 and passing the lower house on 10 November 2022.
Please click here to read the full legal update.

Flexible Work Arrangements under the Fair Work Legislation Amendment
(Secure Jobs, Better Pay) Bill 2022
November 2022
The Federal Government is proposing to give added assistance to those employees seeking to negotiate flexible work arrangements, as part of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022  introduced into Parliament on 27 October 2022. In this legal update, we provide a summary of the Bill, comparing it to the current position under section 65 of the Fair Work Act 2009  (Cth), including the main proposed changes for employers to consider around consultation, reasons for refusal, and dispute resolution procedures.
Please click here to read the full legal update.

The Jobs and Skills Skills Summit – What Does it Means for Employers? 
September 2022
In this legal update, we outline the workplace relations announcements, which were made by the Minister for Employment and Workplace Relations, The Hon Tony Burke MP, in relation to “sustainable wage growth and the future of bargaining”; and “creating, safe, fair and productive workplaces” at the new federal Labour Government’s Jobs and Skills Summit on 1 and 2 September 2022.
Please click here to read the full legal update.

Potential Reforms May Restrict the Use of NDAs
July 2022
Non-disclosure agreements may be restricted in Victoria under proposed reforms following a wide-ranging workplace sexual harassment review. The Victorian Government has also signalled support to ensure workplaces treat sexual harassment as an occupational health and safety issue. Whilst there is no set timeline for the proposed reforms, businesses can already take and are already taking proactive steps in this space.
Please click here to read our full legal update.

The Future Direction of Workplace Relations Reform for the New Federal Government
15 July 2022
As the dust settles from the recent federal election, the newly elected federal Labor Government will be seeking to reform some key aspects of Australia’s workplace relations system. Some of these changes are imminent, with others to be further developed in light of the upcoming “Jobs and Skills Summit” to be held at Parliament House in Canberra on 1 and 2 September 2022. This update provides an overview of the main areas of reform that the new Government proposes to implement.
Please click here to read our full legal update.

Minimum Wage Increased by 5.2% in Annual Wage Review 2021-22 Decision
June 2022
The Fair Work Commission handed down a decision yesterday that increased the national minimum wage by 5.2% for workers not covered by an award or registered agreement. Similarly, modern award minimum wages have been increased by 4.6% subject to a minimum increase for adult award classifications of $40 per week.
Please click here to read our full legal update.

Government needs to legislate to impose a positive duty to prevent sexual harassment in the workplace, but some employers are already ahead of the game
May 2022
 In March 2020, the Australian Human Rights Commission published its Respect@Work Report, making 55 recommendations to the Commonwealth Government (as well as states and territories, employers and industry groups) to prevent and address sexual harassment in the workplace. The focus of many of the recommendations were on workplace prevention and response. However, so far this has not been the focus of legislative enactment of recommendations, with the effect that there is still a long way to go before the true spirit of the Respect@Work Report is fully embedded into the culture of all Australian workplaces and institutions.
Please click here to read our full legal update.

Dismissal of Public Sector Worker who Attended ‘World Freedom Rally’ was ‘Harsh’, Unfair: NSWIRC
March 2022
The New South Wales Industrial Relations Commission has found that a public sector worker had been unfairly dismissed, holding that such dismissal was ‘harsh’ having regard to the personal circumstances of the worker. The dismissal, which was found to have been based on a valid reason and found to have been procedurally fair to the worker, followed revelations that the worker had attended a ‘world freedom rally’, and posted ‘highly derogatory’ content to social media, in protest of state and federal governments’ handling of the COVID-19 pandemic.
Please click here to read our full legal update.

Statutory Time Limit Does not Apply to VCAT Human Rights Claims
February 2022
The Victorian Supreme Court has held that time limits under the Limitation of Actions Act 1958 (Vic) do not apply to claims based on breaches of the Equal Opportunity Act 2010 (Vic), such that there is no strict limitation period in which an applicant must bring their claim. This decision clarifies the law for applicants who pursue such claims in the Victorian Civil and Administrative Tribunal.
Please click here to read our full legal update.

Dismissal “Does not Require the Employer to Pull the Trigger but Only to Load the Gun”:
February 2022
In a broad case challenging the dismissal of two union employees and elected officials from their employment with the Construction & General Division of the Construction, Forestry, Mining, Maritime and Energy Union (“CFMMEU”), the Federal Court of Australia (Perram J) has observed that a “dismissal” for the purposes of the Fair Work Act 2009 (Cth) (“FW Act”) “does not require the employer to pull the trigger but only to load the gun”.
Please click here to read our full legal update.

FWC’s First Decision under its New Anti-Sexual Harassment Jurisdiction
January 2022
On 24 December 2021, the Fair Work Commission released its first decision under its new anti-sexual harassment jurisdiction, which commenced operation on 11 November 2021. In the decision of THDL [2021] FWC 6692 Commissioner Yilmaz dismissed an application to stop bullying and sexual harassment on the basis that the application had no reasonable prospect of success as there was no risk of continued bullying or sexual harassment.
Please click here to read our full legal update.

“Age is a Concern”: Recent Decisions Demonstrate the Risk of Unlawful Age Discrimination
December 2021
A 68-year-old accountant has been awarded $20,000 in general damages for hurt, distress, and upset as part of a successful claim against his former employer, a logistics and freight services provider, for attempting to transition him from a permanent role to a fixed-term contract role, in contravention of the Age Discrimination Act 2004 (Cth) (‘Age Discrimination Act’).
Please click here to read our full legal update.

FWC Ruling Against BHP’s COVID-19 Vaccine Mandate: CFMMEU & Matthew Howard v Mt Arthur Coal Pty Ltd
On 3 December 2021, a Full Bench of the Fair Work Commission determined that a direction by a BHP company, which required all workers at its Mt Arthur mine to receive a COVID-19 vaccination as a condition of site entry, was lawful, but not reasonable, following findings that the company had failed to adequately consult with its workers prior to the issuance of that direction. This is an important decision for employers on the requirement of consultation when developing, issuing, and implementing mandatory vaccination directions.
Please click here to read our full legal update.

The Great Resignation – is your business prepared?
November 2021
As COVID-19 vaccination rates increase and restrictions ease, Australian businesses are now turning their mind to a new looming threat, ‘the Great Resignation’. In this legal update, we look at measures that businesses can take to prevent resignation, and the legal issues for employers to consider with exiting employees.
Please click here to read our full legal update.

Full Court clarifies when an Employee’s Right to Make a Complaint or Inquiry is Protected under Workplace Relations Legislation
November 2021
It is unlawful to take “adverse action” against a person for exercising a “workplace right”, which is defined to include the making of a “complaint or inquiry”. There has been some uncertainty about the extent of that provision. The Full Federal Court has handed down a decision that provides clarity on the circumstances in which an employee’s complaint or inquiry amounts to an exercise of a workplace right and is protected under the Fair Work Act 2009 (Cth), the primary legislation regulating employment and workplace relations in Australia.
Please click here to read our full legal update.

Harmers assists in obtaining landmark decision on backpacker tax:
Addy v Commissioner of Taxation [2021] HCA 34
November 2021
Harmers was successful in the recent High Court decision of Addy v Commissioner of Taxation [2021] HCA 34, where the Harmers team acted for the Appellant in proceedings to challenge the validity of the Federal Government’s controversial “Backpacker Tax”. The proceeding was a test case backed by Taxback.com, an international tax accounting firm.
Please click here to read our full legal update.

Targeting of Phoenix Activity – Director Identification Numbers Come into Force
November 2021
The Federal Government recently introduced a new statutory requirement that all company directors must apply for a Director Identification Number (DIN). Under the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 (Cth), a DIN is a 15-digit identification number used by each eligible director as proof of their identity.  Applications for DINs opened from 1 November 2021.
Please click here to read our full legal update.

Performance Management in the Times of Coronavirus
September 2021
The COVID-19 pandemic has caused a fundamental shift in the way we work. With many employees continuing to work from home for at least the short to medium term in light of the continuing risks of COVID-19 and government restrictions in various parts of Australia, employers need to remain vigilant in respect to their continuing obligations to workers notwithstanding that they are working from home, and must consider the new and unique workplace challenges that arise as a consequence of employees spending many months away from the physical office.
Please click here to read the client alert.

Casual to Permanent Conversion: Important Upcoming Changes Relating to Casual Employment
August 2021
Earlier this year, the Federal Government passed the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Cth), which introduced significant changes relating to casual employment that have implications for employers. In this legal update, we explain the enhanced casual conversion rights and the circumstances in which employers would be required to offer eligible casual employees an opportunity to convert to full-time or part-time employment.
Please click here to read the client alert.

Additional Legislative Changes Introduced to Tackle Workplace Sexual Harassment
August 2021
On 24 June 2021, the Australian Federal Government introduced the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021. The purpose of the Bill is to improve and streamline the legislative frameworks that protect workers from sex discrimination and harassment. The Bill is currently before the Senate and is expected to pass later this year.
Please click here to view the client alert.

Landmark Decision on Casual Employment
August 2021
In a recent decision that can be characterised as a win for businesses across Australia, the High Court has overturned a decision that could have set in motion the opportunity for long-term casuals to receive leave entitlements. In the much-anticipated case of WorkPac Pty Ltd v Rossato & Ors [2021] HCA 23, the High Court has clarified what it means to be a casual employee in Australia.
Please click here to view the client alert.

Fair Work Commission Rules on Casual Terms in Modern Awards
July 2021
A Full Bench of the Fair Work Commission, Australia’s national workplace relations tribunal, has been tasked with conducting a review of casual terms in Modern Awards to ensure they are consistent with major industrial relations legislation introduced by the Australian Federal Government earlier this year. As part of its review, the Full Bench is to consider, amongst other things, whether existing “engaged as a casual” and “paid by the hour” type definitions in Modern Awards are consistent with the new statutory definition for casual employees.
Please click here to view the client alert.

New State Safety Laws Targeting Food Delivery Platforms
July 2021
Five food delivery riders died on Australian roads in three months during 2020, and there were more than 70 “serious notifiable injuries” to Uber Eats riders recorded during that year. A Joint Taskforce was established to explore the recent deaths and to identify safety improvements for the industry. On 5 June 2021, the Government announced that it had accepted all ten recommendations of the Joint Taskforce and would introduce new laws to improve safety outcomes in the food delivery industry, set to be the toughest safety laws in the country.
Please click here to read the client alert. 

Gig Economy Update
June 2021
Menulog, Australia’s second-largest food ordering and delivery platform, has recently issued a press release announcing that it will “make a shift toward an employment model for Menulog food couriers in Australia, in order to enhance the life standards of couriers”. Under the employment model, gig economy workers who are classified as employees will be entitled to a range of protections that are not available to independent contractors. This decision is likely to put pressure on Menulog’s gig economy rivals to move away from the controversial independent contractor model. This is likely to be contentious. As this article went to press, on 18 May 2021, the Fair Work Commission handed down a decision (Diego Franco v Deliveroo Australia Pty Ltd) that found a rider for Deliveroo (another food delivery provider) was an employee and not a contractor (Deliveroo has indicated it intends to appeal).
Please click here to read the client alert. 

Changes to Paid Parental Leave Mean Much More Flexibility for Parents
May 2021
The Federal Government has amended its Paid Parental Leave (PPL) scheme so as to provide wider and more flexible options to families seeking access to PPL. The changes aim to introduce key aspects of the Government’s Women’s Economic Security Package (as announced in the 2018-19 Mid-Year Economic and Fiscal Outlook), which includes measures to support women’s economic independence by allowing parents and carers to access PPL more flexibly.
Please click here to read the client alert.

Refusing a Flu Vaccination Found to be a Valid Reason for Dismissal
April 2021
With the cooler months approaching, employers are left to consider what are the best measures to adopt to prevent their workers from becoming sick. One such measure is for employees to receive a flu vaccination. Flu vaccinations in the workplace can result in increased productivity and reduced absenteeism among workers. However, vaccinations are a physically invasive procedure and some employees may refuse a vaccination for personal reasons.
Please click here to read the client alert.

Form over Substance? Implications for Employers arising from the New Definition of Casual Employment in the Fair Work Act
April 2021
In the wake of the extensive WorkPac litigation* dealing with the meaning of casual employment, the Federal Government has recently passed legislation amending the Fair Work Act 2009 (Cth) (FW Act) and introduced a new definition of casual employment.
Please click here to read the client alert.

Employers Take Note – Sexual Harassment is Undeniably a Work Health and Safety Matter
April 2021
In the last few months, there have been a number of developments at the Commonwealth and State levels regarding sexual harassment and work health and safety. These developments make it clear that employers need to consider sexual harassment as a work health and safety issue, and ensure that steps are taken to prevent and address sexual harassment in the workplace.
Please click here to read the client alert.

Can Failure to Self-Report a High-Temperature Reading Amount to Serious Misconduct?
March 2021
In response to the COVID-19 pandemic, many workplaces have implemented new procedures and policies to prevent and minimise the spread of COVID-19. A recent Fair Work Commission (“FWC”) decision has found that an employer’s temperature check procedure formed part of its important safety requirements and was designed to ensure the safety of staff and customers through minimising and potentially containing the spread of COVID-19.
Please click here to read the client alert.

Missing Employment Contract Cruels Realtor’s Restraint Case
March 2021
The New South Wales Court of Appeal has recently issued a forceful reminder that employers should take care in both drafting and maintaining copies of their employees’ contracts of employment, particularly when seeking to enforce restraints of trade and confidentiality obligations.
Please click here to read the client alert.

Can COVID-19 Vaccinations be Mandated in Australian Workplaces?
February 2021
Given the rollout of COVID-19 vaccines in Australia, one question on the mind of many Australian employers is whether they can or should require their employees to receive the vaccine. At this stage, the federal government has not made it compulsory for Australians to receive the vaccine. Nor has the federal government passed any law allowing employers to require their employees to be vaccinated.
Please click here to read the client alert.

Can you Dismiss an Employee for Refusing to Vaccinate?
February 2021
With the Australian government’s recent announcement regarding an anticipated COVID-19 vaccine roll-out by March 2021, urgent questions have arisen for employers regarding whether they can or should mandate COVID-19 vaccinations for employees once a vaccine is available to them.
Please click here to read the client alert.

Major WHS Reform in Western Australia
December 2020
After almost a decade of discussion, the Work Health and Safety Bill 2019 (“WHS Bill”) was recently passed by the Western Australian (“WA”) Parliament on 3 November 2020, and given royal assent. With the passing of the WHS Bill, this will leave Victoria as the only Australian state not to have adopted the national model harmonised Work Health and Safety (“WHS”) legislation.
Please click here to read the client alert.

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