20 December 2024
Industrial Manslaughter now applies in all states
On 2 October 2024 industrial manslaughter became a criminal offence under Tasmania’s WHS which now means it applies in a...
12 December 2024
Will your Christmas function by Psychosocially safe this year?
Christmas is a great time of year but unfortunately, work functions can be fertile ground for incidents that lead to not...
06 December 2024
The pre-Christmas period is busy as usual. . .but is your workplace too busy to be Psychosocially safe this year?
All businesses experience the pre-Christmas rush. Workplaces seek to ‘clear the decks’ before they ‘deck the halls’ with...
04 December 2024
What are WHS regulators looking for when assessing an employer’s management of psychosocial risk?
Each case will be different, depending on an organisational risk profile, but recent commentary from Safe Work South Aus...
11 November 2024
Officer awarded $238,000 in costs against WHS Regulator as a result of a failed due diligence case
A company director was awarded $238,000 in costs (click here) following the WHS Regulator’s failed attempt to prosecute ...
04 November 2024
These recent Federal court decisions are going to really upset your payroll staff
Two recent Federal court decisions (click here) and (click here) have found that in applying the NES termination payment...
11 October 2024
Effective restraints clauses can be relied to protect legitimate business interests . . . at this stage
Despite recent commentary indicating other international jurisdictions are considering ‘outlawing’ restraints of trade a...
18 September 2024
Take Inductions Seriously – Manage your major risks
An employer has been fined $400,000 in the Perth Magistrates Court after a contract worker was injured performing a task...
05 September 2024
New definition of casual employment
You would be aware of the recent changes to casual employment including the introduction of an ‘employee choice’ pathway...
03 September 2024
Are you effectively managing your fatigue risks?
The Safety Regulator has charged a Director and his business with recklessly endangering a fatigued delivery driver who ...
19 August 2024
Is that independent contractor really an employee? More complexity requires greater scrutiny
From 26 August 2024 there will be new definitions and criteria for determining whether a worker is an employee or indepe...
13 August 2024
More clarity or confusion regarding the right to disconnect?
FWC recently provided an updated draft statement on the right to disconnect (click here). Stakeholders have until 1 Augu...
08 August 2024
Have Union Delegate’s rights just become unreasonable?
Possibly. It depends on who you ask! If you are a union you’ll love them. Employers on the other hand have expressed ...
26 July 2024
Act quickly and transparently during a restructure - don’t delay consultation
FWC recently (decision click here) ordered compensation for a failure in consultation after the employer told the employ...
12 July 2024
FWC says "Interrogative" online messages weren't bullying
FWC (click here) recently refused to grant stop-bullying orders against a manager who allegedly bullied a worker for abo...
28 June 2024
Is 1 July 2024 a strict compliance date for the recent 3.75% FWC increase?
The FWC increase (if applicable) is payable on the “first full pay period” after 1 July 2024. This means that the FWC i...
17 June 2024
How does the recent 3.75% FWC increase apply to over Award/EA and/or all-inclusive salaries?
It depends on the employment contract/EA. For this reason, every individual might have a different outcome – so check y...
12 June 2024
Key Changes for 1 July 2024
See below for reference....
11 June 2024
3.75% rise in Award rates and National Minimum Wage
FWC approved a 3.75% increase in all Award rates and the National Minimum Wage (NMW)....
31 May 2024
Sexual harassment bar has been raised even higher in the workplace
FWC recently put workplaces on notice (John Tamaliunas v Alcoa of Australia Limited [2024] FWC 779) that there was now b...
28 May 2024
Expect increasing action from safety regulators on managing psychosocial health
Employers take heed. The new head of SafeWork Australia, Marie Boland, in recently releasing the latest SWA report into ...
28 May 2024
Unnecessarily aggressive management action will almost certainly result in legal claims
The Federal Court recently (Dorsch v HEAD Oceania Pty Ltd [2024] FCA 162) held that a critical and insensitive manager w...
22 May 2024
Are our internal safety audits a risk in themselves?
According to a recent study of 44 reports on major accidents in Australia, Canada, New Zealand, UK and the US – Yes...
14 May 2024
Tick and flick anti-harassment practices are damaging your workplace health!
A recent WA government study into the mining sector found burnout, bullying and sexual harassment have remained high des...
08 May 2024
$400,000+ fine and costs to worker who experience sexualised and aggressive behaviour
A recent NSW district court decision (SafeWork NSW v Marist Youth Care Limited [2024] NSWDC 74) has imposed fines and co...
03 May 2024
Managing performance isn’t bullying . . . Provided it is reasonable
A recent FWC case (Application by Josh Whiteford [2024] FWC 552) has once again endorsed the position that managers carr...
01 May 2024
Will I be charged for a breach of officer duties if there is an accident in my workplace?
Possibly. As a general rule the higher up in the ‘foodchain’ you are in an organisation the more likely the expectation ...
29 April 2024
Higher bar for genuine redundancies set
The Full Federal Court (Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45) has recently found that employers have an ob...
13 March 2024
Getting your staff back in the office - reasonably
FWC recently found (Charles Gregory Gregory v Maxxia Pty Ltd [2023] FWC 2768) an advisor with an inflammatory bowel dise...
14 February 2024
Jail Term and Massive Fines for Fatigue and Vehicle Management Failures
The traffic accident on Melbourne’s Eastern Freeway that resulted in the deaths of four police officers has resulted in:...
07 February 2024
Bully or Exasperated Manager acting reasonably?
The FWC (Momirovski, Douglas, Serafini, Naumcevski and Egan [2023] FWC 3299) has recently refused to make stop bullying ...
02 February 2024
The End to Casual Confusion? . . . Not quite
The Closing Loopholes legislation sought to provide further clarity to the vexed issue concerning ‘regular’ Casuals. It ...
22 December 2023
Merry Christmas – massive IR changes keep on coming
2023 marked the first real year of significant IR changes since the introduction of the Fair Work Act. The Labor governm...
21 December 2023
Bullying back in the spotlight!
Bullying has tended to have taken a bit of a ‘back seat’ following all the recent publicity around the Respect@Work chan...
18 December 2023
The pre-Christmas period is busy as usual. . .but is your workplace too busy to be Psychosocially safe this year?
All businesses experience the pre-Christmas rush. Workplaces seek to ‘clear the decks’ before they ‘deck the halls’ with...
14 December 2023
Fixed and Maximum Term Contract restrictions have started... for most
For most businesses, the restrictions on the use of fixed and maximum term contracts have already become operative as of...
12 December 2023
You can terminate employment for not meeting reasonable KPIs
FWC has confirmed the long held understanding that failing to meet reasonable KPIs will be a valid reason for dismissal ...
06 December 2023
Will your Christmas function be Psychosocially safe this year?
Christmas is a great time of year but unfortunately, work functions can be fertile ground for incidents that lead to not...
30 November 2023
Public Holiday Compliance confirmed by High Court
Last week the High Court confirmed that employees must be given a choice as to whether they will agree or refuse to work...
27 November 2023
Addressing psychosocial hazards reduces workplace costs
The Melbourne Magistrate’s Court recently fined Court Services Victoria nearly $380,000 as a result of a toxic workplace...
03 November 2023
Can an employer monitor and enforce an employee's compliance with road rules?
A resounding “Yes” according to FWC (Thien Huy Xuan Dang v Coca-Cola Europacific Partners Australia Pty Ltd (U2023/1175)...
31 October 2023
What psychosocial hazard is ‘trending’ at the moment?
Unsafe job demands, according to Comcare’s National Regulatory Program Director, are the most common psychosocial hazard...
27 October 2023
How to navigate medical marijuana use in your workplace
FWC recently upheld (Sheldon Haigh v Platinum Blasting Services Pty Ltd [2023] FWC 2465) the dismissal of an employee fo...
24 October 2023
Are you addressing workload not just work schedules to manage burnout in your workplace?
We have all seen the increasing trend of high profile leaders departing their jobs stating they need to “take a break”, ...
20 October 2023
Work from home (WFH) cases - it is all about trust and genuine management
Two recent cases have shown a willingness for FWC to uphold an employer’s right to dismiss when an employee fails to com...
21 September 2023
New Sexual Harassment Guidelines - Plus Psychosocial Safety Update and Tools to Meet the Employer's Duties
The Australian Human Rights Commission (AHRC) recently published its Guidelines for Complying with the Positive Duty und...
12 June 2023
Wages Increase - FWC Awards 5.57 percent
Both employers and employees may not be entirely happy with the decision – neither got what they wanted - but it is like...
29 May 2023
Should Employer's really be fearing being 'roped in' to a multi-employer Enterprise Agreement in the new system?
It depends on who you ask. Most Employer groups have cautioned that the Secure Jobs Act's single-interest bargaining pr...
15 May 2023
Should managing performance be stressful?
In rejecting an employee’s claim for psychological injury from a reasonable performance assessment process, a recent Adm...
01 May 2023
Untrained Managers could be the reason you have a recruitment and retention problem
Employers know the high costs of recruitment and retention. “Quiet quitting” and the “War for Talent” remain consistent...
24 April 2023
Don't Sleep on Zombie Agreements
Employers currently covered by a pre-2010 workplace agreement (Zombie Agreement) are required to notify their employees ...
20 April 2023
Sexual Harassment Update and Video Tool
Just like the more general obligation to take positive steps to address psychosocial risks a number of jurisdictions hav...
14 April 2023
Psychosocial Safety Update and Tools to Meet the Employer's Duties
Australia is once again very close to achieving ‘enhanced’ obligations to tackle psychosocial safety with specific regul...
31 March 2023
Whistleblower Compliance
Recent action by the Australian Securities and Investments Commission (ASIC) has made it clear that it is serious about ...
06 March 2023
Mandatory publication of your business' gender pay gap information
Hot on the heels of the recent changes to Australia’s pay secrecy laws, employers with 100 or more employees may soon be...
26 February 2023
Mandatory Gender Pay Gap Reporting: Starting Soon
If your business is in the private sector and employs over 100 employees, it’s well and truly time to get ready for your...
24 February 2023
Paid family and domestic violence leave pay slip requirements now live
New laws prohibiting employers from including information on pay slips about paid family and domestic violence leave (PF...
21 February 2023
What does the Right to Disconnect mean for Employers?
The right to disconnect (RTD) was recently introduced as part of the Closing Loopholes No2 legislation....
14 February 2023
Are employer created COVID-19 vaccine requirements still enforceable at your workplace?
The short answer is yes. The NSW Industrial Relations Commission recently confirmed that it’s up to Employers to determ...
16 December 2022
COVID-19 Safety: What should workplaces be doing now?
In the wake of the 14 October 2022 scrapping of the mandatory COVID-19 isolation periods, employers and employees alike ...
09 December 2022
Can an Employer be responsible for an Employees psychological injuries suffered in an out of hours assault by a client?
Yes. In Bell v Nexus Primary Health, the Employer was held liable for its Employee’s sustained psychological injury an...
02 December 2022
Working from Heights - Safety Message not getting through to PCBU s
In a recent ruling, the NSW District Court has regretfully made comment that it seems the general deterrence message of ...
28 November 2022
Christmas functions - A timely reminder
A recent South Australian Employment Tribunal (SAET) decision which found that a worker’s alcohol-related injury sustain...
25 November 2022
Ten days paid Family and Domestic Violence Leave becomes law in Australia
The Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 passed both houses of Federal parliament on ...
11 November 2022
Is it time to finally move away from my nominally expired or Zombie Agreement?
Yes. Whilst the pressure has been on business to upgrade nominally expired enterprise agreements and particularly those...
08 November 2022
How far will the new Labor government go in terms of interfering with management prerogative?
It seems much further than the previous Liberal government, if the new Fair Work Legislation Amendment (Secure Jobs, Bet...
28 October 2022
Should business plan for the Same Job Same Pay (SJSP) legislation?
Yes, despite full implications being at this stage unknown, businesses should keep an eye on the passage of the SJSP leg...
12 October 2022
New Respect at Work Changes
The new Labor government has made good on its promise to implement all of Kate Jenkins’ 55 Respect@Work recommendations ...
06 October 2022
Rectifying overpayments to employees
Overpayment to employees is just as common as underpayment. While overpayment itself is not unlawful, rectifying overpay...
03 October 2022
Can employers refuse their employee's annual leave request?
Yes, but only if there are reasonable grounds to do so. ...
23 September 2022
Is an employee's failure to comply with an employee's mandatory PPE policy ground for dismissal?
Yes, but only if the dismissal is not harsh, unjust or unreasonable....
15 September 2022
What happens if employees are unwilling to take sick leave
Employers and employees both have Work Health and Safety (WHS) obligations which include preventing sick individuals (in...
02 September 2022
Safe Work Australia's model WHS Code of Practice released: Managing psychosocial hazards at work
In line with the rapid growth in awareness (and claims) relating to psychosocial health at work, Safe Work Australia ha...
17 August 2022
How is your workplace managing current WFH and IT related risks?
During the initial stages of COVID-19, employers struggled with the new territory of an enforced WFH workforce and an in...
12 August 2022
Employers encouraged to keep a focus on Sexual Harassment, Gendered Violence and Sex Based Harassment
Many employers will notice an increase in Safety Regulators focusing their WHS campaigns on Sexual Harassment, Gendered ...
04 August 2022
Proposed changes to the NES' Family and Domestic Violence (FDV) Leave
A new bill was introduced to the House of Representatives which seeks to replace the current 5 day unpaid NES FDV leave ...
22 July 2022
Inappropriate emails between colleagues can create psychologically unsafe workplaces
Now more than ever it is important for employers to ensure that their workplaces are safe from not just physical but psy...
28 June 2022
The High Court confirms employer's positive duty to keep employees safe from work-related psychiatric injuries
The High Court recently handed down its decision in Kozarov v Victoria [2022] HCA 12, in which it made clear that employ...
24 June 2022
Important Employment Facts and Figures from 1 July 2022 onwards
See below or click here to save for future reference. ...
21 June 2022
Damages increasing for established sexual harassment claims
The damages awarded to applicant’s who successfully establish sexual harassment in the workplace are substantial, and ra...
20 June 2022
Mining company urged to properly investigate sexual harassment
Mining giant, Rio Tinto, has been urged by FWC to conduct a ‘proper’ investigation into what appeared to FWC to be the s...
10 June 2022
Stop Sexual Harassment Orders - FWC provides some clarity
As we have discussed in previous Edge updates, sexual harassment claims are becoming increasingly common in workplaces a...
03 June 2022
Jail term (suspended) for disregarding WHS risk
In a recent Work Health and Safety (WHS) prosecution, a director (of Illawarra Enterprises (QLD) Pty Ltd) was sentenced ...
31 May 2022
Labor promises improved WHS laws
Following on from our earlier article on the Labor government’s IR agenda – the party have also, at their most recent Na...
27 May 2022
The 2022 Australian Federal Election results and what this means for industrial relations
Whether the new Labor government will govern in majority or some sort of minority supported by the minor parties remains...
23 May 2022
FWC in support of paid Family and Domestic Violence Leave
On Monday, FWC full bench handed down its review decision that all modern awards should be amended to provide employees ...
13 May 2022
Redundancies - Making them genuine, lawful and respectful
No employer looks forward to a redundancy process – but it is crucial to take the time to step through the process prope...
14 April 2022
Employee benefits may drive earnings over High Income Threshold
The High Income Threshold (HIT), adjusted each financial year, currently sits at $158,500....
13 April 2022
Full Bench confirms connection between out of hours conduct and employment
In a recent Fair Work Commission (FWC) decision (Sydney Trains v Andrew Bobrenitsky), a full bench unanimously overturne...
08 April 2022
Unions seek 5 percent rise in minimum rates
Peak union body the ACTU has indicated it will pursue a 5% increase across all award rates in this year’s minimum wage r...
06 April 2022
WHS duties the same even with COVID-19 restrictions easing
A lack of public health orders is not an excuse for employers to drop the ball on keeping workplaces COVID-safe – that’s...
21 March 2022
Can I dismiss an employee for their out of hours conduct?
Yes, but only in limited circumstances....
10 March 2022
Employer liability travels with employees
A South Australian tribunal decision provides a caution to employers who provide non-work related benefits to their empl...
25 February 2022
Can Employers require anti-COVID vaccinations?
Unfortunately, the answer to this is not what most employers had hoped for and is still a little unclear....
24 February 2022
Contract is King but the Practical Reality Still Matters in Worker Classification
Some commentators are claiming that the High Court’s recent decisions relating to worker classification have placed prim...
21 February 2022
Can I require particular evidence of my employee's vaccination status?
Most likely yes, if you have an objective reason for requesting the evidence....
15 February 2022
Can I refuse a working from home request?
Most likely yes, so long as the refusal is based on valid business grounds. For workplaces that operate largely in an o...
10 February 2022
No shortcuts when terminating
In a recent Fair Work Commission (FWC) decision (Steve Petkovski v M J Luff Pty Ltd T/A Border Express [2021] FWC 5936),...
07 February 2022
Court Support for Employers Enforcing Vaccine Mandates
In late 2021, many Public Health Directions requiring vaccination for certain workers and industries came into effect. I...
03 February 2022
Identity of the Complainant: How much detail does the Respondent employee need?
Simply put, the Respondent employee will generally need to know the identity of a Complainant in order to adequately res...
31 January 2022
Should I keep my employee's IHI number?
Knowing an employee’s vaccination status has been an important tool in managing the risks of COVID-19 in the workplace. ...
21 January 2022
Is refusing to be vaccinated under a Public Health Direction a ground for dismissal?
Yes –but dismissal must not be harsh, unjust or unreasonable. ...
19 January 2022
Can I provide extra pandemic leave to vaccinated employees?
Most likely, yes. While traditional Personal / Carer’s Leave is available to employees who have tested positive to COVI...
17 January 2022
Reasonable requirements of employees prior to their return to work?
Employers are expected to be increasingly vigilant in managing COVID related risks in the workplace particularly when ma...
13 January 2022
Are Rapid Antigen Tests 'good' evidence of incapacity or illness?
Most likely “Yes”. COVID-19 testing generally provides employer with the most valuable information in assisting employe...
12 January 2022
What do we do when an employee won't comply with customer vaccination requirements for site entry?
We have previously discussed ways in which employers can navigate the emerging area of Public Health Directions / Orders...
23 December 2021
Close and Casual Contacts - Rules
The borders have now fully opened up and we are now in a new stage of dealing with COVID –unfortunately just in time for...
13 December 2021
Has the BHP decision regarding mandatory COVID Vaccinations provided clarity?
FWC Full Bench Speaks A 5 member FWC Full Bench on Friday 3 December 2021 handed down its eagerly anticipated decision ...
10 December 2021
Christmas and COVID: Can workplace celebrations still go ahead?
The short answer: yes –but it might look a bit different....
02 December 2021
Termination of Employment for Non-Compliance with Public Health Directions and Employer COVID Vaccination Policy
We previously discussed how to deal with early-stage non-compliance with Public Health Directions/ Orders or an Employer...
19 November 2021
Compliance Update for Employer's Mandatory Vaccination Policy
The activity around COVID-19 vaccinations has not abated. The trend (at this stage) is indicating an increasing number o...
18 November 2021
Compliance Update for Public Health Direction - TAS
Tasmanian businesses are currently dealing with a Public Health Direction compliance deadline of 21 November 2021....
10 November 2021
Horticulture Award - Is this the end for piecework?
Employers in the Horticulture Industry have been scathing in their opposition to a recent FWC Full Bench decision which ...
10 November 2021
COVID Response - TAS Public Health Direction - Mandatory Vaccination of Certain Workers No.8
The Tasmanian Public Health Direction of 3 November 2021 (Direction) updated the earlier direction, which provided for m...
05 November 2021
Mandatory COVID Vaccinations - Pathway to Progression
There continues to be a flurry of activity around COVID-19 vaccinations. The trend appears to focus on businesses creati...
25 October 2021
Mandatory COVID Vaccinations -Closer to reality but still unsettled?
There has been a significant amount of recent activity regarding the compulsory vaccination debate and unfortunately the...
22 October 2021
Long Service Leave (Victoria)-Clarity provided regarding the calculation of overseas and interstate service
The recent Victoria Court of Appeal decision ofInfosys Technologies Limited v State of Victoria[2021] VSCA 219 has helpf...
12 August 2021
Casual clarity... finally!
The High Court has given an anti-climactic endorsement of the Federal Government’s ‘fixing’ of the casual definition iss...
05 August 2021
Understanding the extent of Sexual Harassment in 2021
The landmark NSW Court of Appeal decision of Vitality Works v Yelda has been flooding legal commentary particularly arou...
12 July 2021
Wage Theft Laws Commence Victoria 1 July 2021
New wage theft laws will commence in Victoria on 1 July 2021 exposing employers to fines of nearly $1M for businesses, a...
11 June 2021
First Managing Psychosocial Hazards at Work Code of Conduct Introduced
As of 28 May 2021, New South Wales became the first jurisdiction in Australia to introduce the Code of Practice: Managin...
27 May 2021
More FWO staff to tackle compliance: How can you best utilise FWO?
The budget will result in FWO hiring at least 30 more employees in the 2021-22 financial year to beef-up its compliance ...
19 May 2021
What are the key timelines for casual conversion?
Following on from our earlier advice regarding the new casual conversion laws, we provide the following reminder for tho...
17 May 2021
Don't want to be personally liable for WHS breaches? How is your due diligence going?
The following headlines arising out of 3 recent WHS prosecutions should worry any ‘officer’...
11 May 2021
Has Good Faith Bargaining grown some teeth or gone too far this time?
The recent decision of Victorian Ambulance Union Incorporated v Health Select Pty Ltd t/a Health Select [2021] FWC 1434,...
07 May 2021
What do the proposed changes to the Fair Work Act mean for Sexual Harassment in your business?
For employers who have already kept up with contemporary policies and training, the proposed amendments to the Fair Work...
05 May 2021
Has the recent FWC decision regarding flu vaccinations just changed the position regarding COVID vaccinations?
The short answer is still “no”....
08 September 2020
Job Keeper Decisions
Whilst there is little doubt that JobKeeperhas done an excellent job at providing income support to business in a very s...
13 August 2020
Sweet relief for Mondelez. High Court reinstates the common practice for calculating personal leave
In a welcome relief for employers, the High Court earlier today confirmed that the NES reference to ’10 days’ of leave m...
13 May 2020
Return to Work: Safety Guidelines
Finally, some positive news. COVID-19 restrictions are planned to contingently ‘ease’over the next few months. ...
24 April 2020
Variation of Enterprise Agreements
Many ofyou have been asking whether you are able to waive upcoming pay increases provided in yourEAor make other changes...
27 March 2020
Can I require employees to take accrued long service leave?
One of the options to respond to the impact of COVID-19 on work availability is for employees to utilise accrued leave e...
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