Client portal
Introduction of industrial manslaughter offence and increased workplace penalties
On 4 September 2023, Employment and Workplace Relations Minister Tony Burke introduced into Parliament the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill), outlining significant changes to the Work Health and Safety Act 2011 (Cth) (WHS Act).
Employee or independent contractor?
Employees and independent contractors have different legal rights, obligations and entitlements.
Ex-Lendlease IR head pumps up Lander & Rogers' workplace relations practice
Lander & Rogers has lured former Lendlease industrial relations group head Jeremy Hanrahan to bolster its workplace relations and safety practice.
Industrial manslaughter bill introduced in NSW
New South Wales is one step closer to creating a criminal offence of industrial manslaughter.
Update: Who qualifies for childcare permits?
Earlier today, the Victorian Government issued the Permitted Worker Permit Scheme and Access to Onsite Childcare/Kindergarten Permit Scheme Directions (Directions).
Asia employment law bulletin 2021
Lawyers from Lander & Rogers' Workplace Relations & Safety team have contributed the Australia chapter in Freshfields Bruckhaus Deringer's 2021 Asia Employment Bulletin.
Workplace Relations & Safety Bulletin | July 2018
Welcome to the July 2018 issue of the Workplace Relations & Safety Bulletin!
Redundancy vs redeployment: avoiding unfair dismissals
The Full Federal Court has interpreted and clarified the definition of 'genuine redundancy'.
Childcare forms for "permitted workers" released; Uncertainty over who qualifies continues
The Victorian Government has announced significant restrictions on access to childcare from 11:59 pm on Wednesday 5 August, 2020.
The high price of an unsigned contract
An ASX 100-listed company is paying the price for not ensuring an employee signed her employment agreement.
Protecting Worker Entitlements Act changes explained
The Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 outlines various changes to protect worker entitlements and enhance rights.
Volunteer coach attracts employee protections
The recent decision of Wieland v Return to Work[1] confirms that volunteers can be considered employees and attract the relevant employee protections.
Preventing sexual misconduct in the workplace
Aaron Goonrey and Emma Lutwyche provide practical and effective recommmendations for employers to ensure their workplaces are safe and free from sexual misconduct.
BHP COVID-19 vaccine mandate overturned
A recent decision from the Fair Work Commission overturned a COVID-19 vaccination mandate by BHP, with important lessons for businesses.
Quick read: Recent employment law changes and developments
Changes to paid parental leave, an increase in modern award wage rates and other need-to-know developments in employment law.
Sebastian Candido
Graduate
Caught on camera!
The Full Bench of the Fair Work Commission has considered the issue of when illegally obtained workplace surveillance becomes evidence in a case which raises 'new and novel issues in the Commission’s unfair dismissal jurisdiction'.[1]
Closing the labour hire loophole
The Federal Government's 'closing the labour-hire loophole' proposal could mean major structural reforms for the Fair Work Act 2009 in regulating third-party workforce arrangements.
Sexual harassment: Is your workplace prepared?
In recent years, there has been a multitude of litigated disputes involving sexual harassment claims, with consequent significant awards of damages in favour of successful claimants.
Does the right to disconnect fit the bill?
It’s official. Australian employees have been granted a legal right to disconnect.
Workplace relations: December 2023 snapshot
Summarising the changes that have now commenced as part one of the Closing Loopholes Bill, and other key changes to the FW Act which take effect in December 2023.
What to do when an employee claims bullying during performance management
A recent FWC case highlights the importance of good record keeping when employees make bullying and harassment claims.
Workplace culture: complicity vs speaking out
Does your organisation have a workplace culture of complicity? The Royal Commission shows the importance of implementing a “speak up” culture in the workplace
The danger of mislabelling a termination for underperformance as a "redundancy"
A recent FWC case demonstrates that retrenching an employee as a kindness can severely backfire.
Industrial Relations Bill sees return of NSW Industrial Court
The Industrial Relations Amendment Bill 2023 passed in the final sitting week of NSW Parliament.
Uncertainty continues for gig economy platforms
In Franco v Deliveroo Australia Pty Ltd, driver Diego Franco was successful in claiming that he was an employee who had been unfairly dismissed when Deliveroo terminated his supply agreement.
Workplace safety in Victoria: Recent case law
In this September update on recent case law in Victoria relating to work safety, we look at two decisions of the County Court.
Proposed changes to casual employment provisions
Proposed amendments to the Fair Work Act 2009 signal important changes to labour provisions governing casual employment, including greater protections for workers.
The Age of #MeToo: Part 2 - Emerging Trends
In this short video, Aaron Goonrey and Thomson Reuters' Head of Human Resources, ANZ Linsey Simpson discuss the observed effects of #MeToo at work.
Flexible work and reasonable working hours
Understanding the law around flexible work arrangements and the limits of reasonable additional hours of work has become increasingly important in a post-pandemic world.
Approach of the big banks to COVID-19
Australia's Big 4 banks have splintered in their approach to mandating COVID-19 vaccination as a condition of employment.
Employment implications of the 2022-2023 budget
With the federal election around the corner, what does the 2022-2023 federal budget tell us about the priorities of the two major parties in regards to workplace relations and employment issues?
Peggie v Qantas Airways Limited T/A Qantas and "inherent requirements"
The Fair Work Commission has dismissed applications brought by two pilots who were dismissed after reaching 65 years of age.
Ethics of mandatory vaccinations
Business leaders are looking at vaccination policies from a number of perspectives – brand, public relations, impacts to supply chains, public health, and the welfare of their employees, customers and visitors.
Unpaid overtime at home fuels underpayment claim fears
New research shows that in 2020, employees could potentially be doing seven weeks of unpaid overtime over the course of the year.
Mandatory COVID-19 vaccinations for employees: A reasonable precaution or a step too far?
Employers are now contending with the next complex workforce management issue arising out of COVID-19 – workplace vaccination.
Employee entitlements: No leave accrued during lockout period
The Fair Work Commission has found that employees do not accrue annual leave or long service leave during a lockout period.
Should NDAs be restricted in sexual harassment cases?
Our workplaces need to change the culture of silence around sexual harassment. Legal experts offer their advice.
A guide to handling #metoo in the workplace
How to ensure that sexual harassment is taken seriously in the workplace, and that women aren’t alienated in the process.
How to handle talented but complicated employees
A guide to managing “complicated” top performers. When should you keep them, and how do you do that without alienating the rest of your staff.
The Brief | 4 March 2019
The Brief is your monthly financial services update. To help you save time, each month we'll give you a quick run-down of what happened in financial services from experts across our firm.
JobKeeper 2.0: What employers need to know
Legislation has now been passed to continue the JobKeeper scheme until 29 March 2021, albeit with some reduced benefits for both employers and employees.
The Brief | 4 February 2019
The Brief is your monthly financial services update. To help you save time, each month we'll give you a quick run-down of what happened in financial services from experts across our firm.
Mandatory COVID-19 vaccinations for employees: Is it worth a shot?
In light of the continued spread of COVID-19 across the country, employers are asking what they can do to keep their workers and customers safe.
Employee's additional hours of work determined unreasonable
Earlier this year, the Federal Court of Australia handed down a decision examining what constitutes 'reasonable additional hours'.
New requirements for contracting with Victorian Government agencies
The Fair Jobs Code sets out new standards and requirements that suppliers and businesses contracting with any Victorian Government agency must meet.
The foundation of workplace culture is vision
The first step to building a “speak up” culture in the workplace is to make sure everyone is aligned with your organisation’s vision, say legal experts.
Bed poles, Bupa, and alleged disability discrimination
In an interesting decision, the Victorian Civil and Administrative Tribunal explored whether the removal of bed poles in aged care facilities amounted to direct and indirect discrimination.
Australian business leaders in support of mandatory vaccination
Hosted by Amie Frydenberg, a partner in Lander & Rogers' Workplace Relations & Safety practice, the virtual Q&A session explored a range of issues impacting Australian businesses.