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Can Performance Improvement Plans be bullying?

Employers or any level of management have the authority to take reasonable management action where an employee is not performing to their expected standard of performance. Despite this, the Fair Work Commission has considered whether performance improvement plans (PIPs), or the repeated application of them, could constitute workplace bullying.

Using AI recruitment tools

General protections from unlawful discrimination under the Fair Work Act 2009 (Cth) apply to both employees and prospective employees. It is important to ensure that reliance on tools such as AI in recruitment processes do not infringe on the protections from discrimination that are afforded to prospective employees. The list of attributes that are protected …
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Fair Work amendments: independent contractor or employee?

In February 2024, the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (the Act) re-introduced the “multifactorial” test for whether a worker is legally considered to be an independent contractor or an employee. That is, the Act requires an assessment of all of the circumstances of each work arrangement to be made in …
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The Right to Disconnect

In a bid to address the growing concerns of work-life balance and the intrusion of work into personal time, the right to disconnect amendment to the Fair Work Act 2009 (Cth) (the Act) was passed by the House of Representatives on 12 February 2024.  

Hearing Testing Requirements under WHS Regulations

The model Work Health and Safety Regulations introduced new requirements for audiometric testing which commenced on from 1 January 2024. The relevant provisions are mirrored in all jurisdictions, except for Western Australia and Queensland, which have not adopted the relevant testing requirements as included in the Model Work Health and Safety Regulations.

Superannuation under the National Employment Standards

As of 1 January 2024 the National Employment Standards (NES) include a right to superannuation for national system employees. The Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 has amended the Fair Work Act 2009 by, among other things, requiring national system employers to make contributions to a superannuation fund for the benefit of …
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Gender Pay Gap Action – Changes in 2024

In March 2023 the Workplace Gender Equality Amendment (Closing the Gender Pay Gap) 2023 Act (‘WGEA’) was passed. These amendments are intended to reduce gender inequality in the workplace, and increase the mandatory reporting obligations for reporting organisations (being those with more than 100 employees) from the 2024 reporting period.