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Payday super – exposure draft legislation now open for consultation

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Payday super – exposure draft legislation now open for consultation

In the 2023-24 Budget, the Government announced that the super guarantee framework will be reformed to align the payment of super guarantee contributions with an employee’s regular pay cycle, instead of the current quarterly requirements. 

The exposure draft legislation for the new ‘Payday Super’ rules has now been released, with consultation open until 11 April 2025.

The super guarantee charge, payable where employers fail to make contributions in full and on time, will be updated, including a new ‘administrative uplift’ component of up to 60% of the shortfall amount.

Preparing for the New Workplace Right: The Right to Disconnect

Preparing for the New Workplace Right: The Right to Disconnect

With the ‘right to disconnect’ coming into effect on 26 August 2024 (and 26 August 2025 for small businesses), it’s necessary for employers to understand their obligations and prepare for employees to exercise this new workplace right.

Discrimination & Art: The ‘Ladies Lounge’ Legal Challenge

Discrimination & Art: The ‘Ladies Lounge’ Legal Challenge

The recent case of Lau v Moorilla Estate Pty Ltd [2024] TASCAT 58 revolved around a conflict between an artwork, specifically designed to be discriminatory for artistic purposes, and the provisions of the Anti-Discrimination Act 1998 (Tas) (the Act).

The AHRC Releases Guidance on New ‘Positive Duty’ for Employers

The AHRC Releases Guidance on New ‘Positive Duty’ for Employers

The Australian Human Rights Commission (the Commission) has released guidance for employers on how to comply with the new positive duty under section 47C of the Sex Discrimination Act 1984 (Cth) (the Sex Discrimination Act).

Flexible Working Arrangements

Flexible Working Arrangements

Recent amendments to the Fair Work Act 2009 expand employee rights to make flexible working arrangement requests.  The changes also require employers to follow a detailed process upon receipt of such requests. The amendments also permit employees to escalate their requests and seek orders from the Fair Work Commission (FWC).

Diplomatic Immunity not available to former Indian High Commissioner to Australia for breaches of the Fair Work Act

Diplomatic Immunity not available to former Indian High Commissioner to Australia for breaches of the Fair Work Act

In an interesting decision traversing both industrial relations and public international law, the Federal Court has found that the former Indian High Commissioner to Australia committed significant breaches of the Fair Work Act between September 2015 and May 2016. 

Expansion of the Sick Pay Guarantee Scheme

Expansion of the Sick Pay Guarantee Scheme

The Victorian Government’s Sick Pay Guarantee Scheme (the Scheme) commenced operation in Victoria on 14 March 2022.  Less than a year after its commencement, attention turned to whether the Scheme’s operation would be expanded as the first year was under budget and uptake by eligible employees was below anticipated levels (see previous article here).

Changes to the Pacific Australia Labour Mobility Scheme

Changes to the Pacific Australia Labour Mobility Scheme

The Pacific Australia Labour Mobility Scheme operates in Australia to fill labour gaps in rural and regional areas.  Approved employers participating in the PALM Scheme should be aware of the recent reforms and how these changes will affect PALM Scheme regulation in Australia.

Protecting Worker Entitlements – What Do the Changes Mean for Your Business?

Protecting Worker Entitlements – What Do the Changes Mean for Your Business?

The second tranche of workplace relations reforms have now received Royal Assent, bringing into force the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 (Cth) (Entitlements Act) on 1 July 2023. It is important that employers are aware of the changes and how these changes will impact the workplace.

Challenge to routine requirements for shiftworkers to work on public holidays upheld

The Full Court of the Federal Court has recently held that a roster for 24/7 shiftworkers which included public holidays contravened sections 114(1) and 44 of the Fair Work Act 2009. Click on the link below to download our full summary.

Sick Pay Guarantee scheme: where to next?

Sick Pay Guarantee scheme: where to next?

Almost one year into its two-year pilot, the Victorian Sick Pay Guarantee scheme has paid out more than one million hours of sick and carer’s leave to casual employees at a cost of more than $22 million.  The scheme is currently fully funded by the Victorian Government. 

Paid Family and Domestic Violence Leave Entitlement Comes into Force

Paid Family and Domestic Violence Leave Entitlement Comes into Force

Recently, the paid family and domestic violence leave entitlement provisions in the Fair Work Act 2009 came into force.  This new entitlement is available to nearly all employees in Australia and imposes new obligations on employers.  So, what is the new entitlement and what do employers need to do when they are faced with a request to take the leave? We provide the answers in our Employment Law team’s most recent article.