The recent Secure Jobs, Better Pay Amendment Act 2022 (Cth), has introduced changes to employee and employer obligations staggered to commence throughout the year. One area of significant change is dealing with an employee’s request for flexible working arrangements. These changes came into effect on 6 June 2023.
On 28 March 2023 the Full Federal Court handed down a decision with major effects across various industries, regarding rostering employees on public holidays. The Court found that the employer Respondent, OS MCAP Pty Ltd, had contravened the Fair Work Act in rostering its employees to work on two public holidays, without providing reasonable requests beforehand.
At MDC Legal we are proud, as a firm with a strong majority of female employees, to celebrate International Women’s Day!
Today is not only a day to celebrate progress towards gender equality but also an opportunity to bring awareness to areas for improvement.
Employment contracts, like terms and conditions, are often unread and can contain unexpected surprises if not reviewed carefully before signing. Employment contracts for senior employees or those with a position of influence over clients or client information usually contain ‘restraint of trade’ or ‘non-compete restraint’ clauses which can catch employees off guard when they leave their employment.
This year, changes to the Work Health Safety Act 2020 (WA) (the Act) commenced, providing for new and refined obligations for employers and workers.
In this article, we provide a concise breakdown of the requirements for reporting a notifiable incident under the Act.
By Nicholas Morrison, Law Clerk.
What do you need to be aware of?
An all-too-common pitfall for Australian employers is the risk associated with underpayment or falling behind on employee entitlements. In Australia, the pay and work entitlements of employees are primarily governed by the National Employment Standards and any applicable Modern Award; however, employers should also be aware of other entitlements that may arise from Enterprise Agreements, legislation, or employee contracts.
By Clare Tunney, Associate.
Whether you’re an employee or an employer, it’s important to know whether you/your employee’s position is award covered and, if so, by which award.
Award coverage is relevant to determining monetary and non-monetary entitlements, as well as availability of/exposure to unfair dismissal claims on termination of employment and breach of award claims.
The Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (‘Respect at Work Act’) commenced on 11 September 2021.
The Act amends the following legislation:
• Fair Work Act 2009 (Cth) (FW Act)
• Australian Human Rights Commission Act 1986 (Cth) (AHRC Act)
• Sex Discrimination Act 1984 (Cth) (SD Act).
The Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Act) commenced operation on 27 March 2021. The Act introduces significant amendments regarding casual employment and the obligations on employers of casual employees.