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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.

Employment law changes commence

Employment law changes commence: new laws on fixed term contracts and enforcement powers for the positive duty New Rules for Fixed Term Contracts From 6 December 2023 employers should ensure their contract templates and staffing arrangements are appropriate for the new limitations on fixed term contracting introduced by the Fair Work Legislation Amendment (Secure Jobs, …
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Fair Work Act changes now in effect

Employment law is in a state of flux. There are a number of significant changes which are now in effect. We have set out a brief summary of each of these changes, and encourage you to reach out if your workplace requires assistance in ensuring its policies and procedures are up to date. We can …
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Positive duty guidelines

Alert: AHRC releases guidelines for new positive duty. From 12 December 2023, the Australian Human Rights Commission will have the power to enforce compliance with the positive duty obligation under section 47(c) of Sex Discrimination Act 1984 (Cth). The positive duty requires organisations and businesses to take ‘reasonable and proportionate measures’ to eliminate, as far …
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Respect@Work – Positive Duty on Employers

The Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022(Cth) places a positive duty on employers, including agencies to take reasonable and proportionate measures to eliminate hostile workplace environments, sexual harassment, harassment on the grounds of sex, gender-based discrimination in the workplace and related acts of victimisation. Under the Work Health and Safety …
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Unfair dismissal – Childcare responsibilities were not a valid reason for failing to comply with Fair Work Commission directions

Mr Praveen Samuel lodged an unfair dismissal application with the Fair Work Commission (the Commission). He failed to respond to correspondence from the Commission by the deadline imposed and his application was dismissed. He sought leave to appeal the decision. The appeal was dismissed on the grounds that there would be no public interest in …
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Unfair dismissal – Can unauthorised annual leave reduce the minimum employment period?

Mr Calleja was employed as a full-time spring maker until his employment was terminated by his employer in March 2021. Mr Calleja subsequently made an unfair dismissal claim. The former employer raised multiple defences to Mr Calleja’s claim, one of which was that Mr Calleja had not been employed for long enough to make an …
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