Employment
Employment law update: What is new in 2025?
A number of changes to the Fair Work Act 2009 (Cth) (Fair Work Act) and fair work instruments have come into effect from 1 January 2025. These changes largely relate to pay rates and payment of other amounts owing to employees.
Does non-renewal of a fixed term contract amount to a termination of employment?
The Full Federal Court has confirmed that a fixed or maximum term contract that ends at the conclusion of its term is not necessarily a termination at the initiate of an employer. Where a fixed or maximum term contract ends in this way an employee cannot bring a claim for unfair dismissal or general protections …
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Employees provided significant compensation for hurt and distress
The Federal Court has made clear in Transport Workers Union of Australia v Qantas Airways Limited [2024] FCA 1216 that employers may be required to pay significant compensation for both economic and non-economic loss such as distress, hurt and humiliation, where that loss results from unlawful action under the Fair Work Act 2009 (Cth) (FW …
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Model Code of Practice
In January 2024, Safe Work Australia released a model WHS Code of Practice for Sexual and Gender-based Harassment, providing practical guidance on how to eliminate or minimise the risk of sexual and gender-based harassment at work.
Respect@Work – Sex discrimination and the positive duty
The Australian Human Rights Commission, which is responsible for investigating breaches of the new positive duty, has issued guidelines to be met by organisations to demonstrate they comply with the duty.
Wage increase for early childhood educators
This week, the Australian Government announced it would fund a 15% increase to wages for early childhood educators, including out of school hours care (OSHC) employees.
Key employment law changes 1 July 2024 through to 1 January 2025
In addition to recent changes around fixed term contracts, there are a significant number of employment law changes coming into effect starting in July and continuing through to 1 January 2025. We have briefly outlined these below, and we encourage organisations to contact us to ensure their operations are compliant with each change.
Bullying v reasonable requests by supervisor
The Fair Work Act 2009 (Cth) (the Act) provides a process for employees to apply for stop bullying orders where they are being bullied at work. Section 789FD (2) of the Act makes it clear that “reasonable management action carried out in a reasonable manner” does not amount to bullying conduct.
Can I consider a criminal record during the hiring process?
A recent ACAT decision COMPLAINANT DT292023 v THE CANBERRA INSTITUTE OF TECHNOLOGY (Discrimination) [2024] ACAT 42 (the Decision) considered whether the Canberra Institute of Technology (CIT) withdrew an offer of employment to an applicant (the Applicant) based on an irrelevant criminal record that was disclosed as part of her application process.
New and amended employment laws from 1 July 2024
From 1 July 2024 a number of new laws and amendments to existing laws will come into effect.