Articles

There is legislation in each of the jurisdictions across Australia regulating the space of work health and safety, which, amongst other things, requires employers to, so far as is reasonably practicable, provide and maintain for employees a working environment that is safe and without risks to their health.?In November 2015, Worksafe Victoria (the entity tasked […]

On 23 December of 2015, the Victorian Civil and Administrative Tribunal (“VCAT”) awarded more than $330,000 as compensation to Ms Collins, an employee who had been repeatedly sexually harassed by her employer, Mr Smith, the owner and manager of the Geelong West Licensed Post Office. This case, Collins v Smith (Human Rights) [2015] VCAT 1992 […]

The Fair Work Act 2009 (Cth) prohibits adverse action against employees because they have a “role or responsibility” under a workplace law or workplace instrument. A recent decision of the Federal Court of Australia, Hansen v Mt Martha Community Learning Centre Inc [2015] FCA 1099, clarifies the meaning of this phrase for the first time. […]

Many employers consider altering the contractual arrangements for their workers so that the workers become independent contractors rather than employees. Such an arrangement can provide benefits and flexibility to both the company and the workers, but can also be used improperly to reduce employee rights below minimum standards. The Fair Work Act contains penalties for […]

Many employers will be celebrating the end of 2015 with their employees, with many work Christmas parties beginning to be celebrated across the country. Work Christmas functions are a great opportunity to celebrate and have fun with your colleagues, but as is still too often the case, work Christmas parties can become a source of […]

There is a growing trend in Australian Courts and in its federal industrial relations tribunal to allow employers to look beyond medical certificates provided by employees. The Courts and tribunals are recognising the need for employers to obtain meaningful and detailed medical information concerning employees who have been absent for long periods of time. This […]

In February 2014, the Federal Government proposed certain amendments to the Fair Work Act through its Fair Work Act Amendment Bill 2014 (Bill). As part of the law amending process in Australia, the Bill is required to pass through both Houses of the federal Parliament – the Senate and the House of Representatives – in […]

A harmonised set of Work Health and Safety laws were introduced across Australia in 2012, and now cover all state and territory jurisdictions, except Victoria and Western Australia. One of the features of this legislative change has been the introduction of an obligation on persons in management positions to be proactive in ensuring that businesses […]

The first decision explaining the meaning of an “officer” under the harmonised Work Health and Safety laws has been recently delivered in the ACT Industrial Magistrates Court. The harmonised WHS Laws have applied across Australia since 2012, with the exception of Victoria and Western Australia. The recent decision sheds much needed light on the new […]

The decision by Hutchison Ports to retrench 97 workers last week has generated substantial media interest and publicity in recent days. The controversy seems to surround not so much the retrenchment of staff itself, but the manner in which the news was delivered to the employees by Hutchison Ports – in the form of a […]