Employment Law

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).

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.

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.

Secure Jobs, Better Pay Bill: Key Changes at a Glance

The Secure Jobs, Better Pay Bill (Bill) passed both Houses of Parliament and received Royal Assent in early December 2022.

The Bill amends the Fair Work Act 2009 (Cth) (FW Act) to make changes across a wide range of areas including:

  • prohibiting sexual harassment in connection with work and introducing a sexual harassment dispute resolution process;

  • amendments to bargaining dispute provisions, including the introduction of intractable bargaining declarations and changes to workplace determinations;

  • industrial action changes including in relation to protected industrial action;

  • changes to enterprise agreement termination;

  • simplifying the initiation of bargaining;

  • abolishing the ROC and ABCC;

  • sunsetting zombie agreements;

  • introducing expert panels;

  • changes to the enterprise agreement approval process and streamlining the ‘better off overall test’;

  • significant changes to multi-employer bargaining;

  • prohibiting pay secrecy clauses in employment contracts and requiring advertising to reflect accurate and lawful pay;

  • changing the objects of the FW Act and increasing the small claims jurisdiction to $100,000;

  • introducing a right to make flexible working requests and an associated dispute resolution process; and

  • prohibiting fixed term employment contracts unless certain exceptions apply.

Sladen Legal has developed an overview of the key changes to the FW Act, including information about the timing of commencement of the changes. Sladen Legal’s summary of the key changes and timing can be accessed at the link below.


Jasmine O'Brien
Principal
M +61 401 926 108 | T +61 3 9611 0149
E: jobrien@sladen.com.au                                                                                                            

Katherine Dennis
Principal Lawyer
M +61 407 013 010 | T +61 3 9611 0151
E: kdennis@sladen.com.au

Stephan Hill 
Lawyer
T +61 9611 0165
E shill@sladen.com.au           

Flawed investigation results in reinstatement of training instructor who stared at colleague’s chest

Flawed investigation results in reinstatement of training instructor who stared at colleague’s chest

It is common for employers to face conflicting versions of events when investigating sexual harassment complaints. When dealing with such instances, employers are required to assess the reliability and credibility of the evidence to make findings on the balance of probabilities.

Flight Attendant Reinstated After Employer’s Unfair Process

Flight Attendant Reinstated After Employer’s Unfair Process

Employers will often refer on previous warnings to support of a decision to terminate the employee’s employment for misconduct. However, a recent case involving Virgin Australia is a reminder for employers to give employees the opportunity to respond to any reliance on former warnings before making a decision to terminate.

Refusal to comply with employer’s direction to return to the office found to be a valid reason for dismissal

Refusal to comply with employer’s direction to return to the office found to be a valid reason for dismissal

Employees previously worked from home exclusively because of public health orders that prevented them from attending the office due to COVID-19. Following the lifting of restrictions, some businesses have returned to the physical office while others have adopted a hybrid work arrangement.

Victoria to restrict non-disclosure agreements in workplace sexual harassment cases

Victoria to restrict non-disclosure agreements in workplace sexual harassment cases

Victoria will be the first Australian jurisdiction to introduce legislation which prohibits the use the non-disclosure agreements (NDAs) in relation to workplace sexual harassment.

Paid Family and Domestic Violence Leave Entitlement on the Radar

Paid Family and Domestic Violence Leave Entitlement on the Radar

The Full Bench of the Fair Work Commission (FWC) recently came to a provisional view that there should be a modern award entitlement to 10 days of paid family and domestic violence (FDV) leave. The Full Bench’s provisional view may be accessed here.

Employers can use JobKeeper to Offset Annual Leave Liabilities

Employers can use JobKeeper to Offset Annual Leave Liabilities

JobKeeper is not just a financial subsidy for qualifying employers. We previously wrote about the extraordinary powers that employers help get them to the other side of the COVID-19 pandemic (or at least until September when the JobKeeper scheme is scheduled to end).

Unfair Dismissal Update - Is Long Service A Get Out Of Jail Free Card?

Unfair Dismissal Update - Is Long Service A Get Out Of Jail Free Card?

The Full Bench of the Fair Work Commission (Commission) has issued a timely reminder that a lengthy period of service is not a “get out of jail free card” for an employee when challenging the fairness of their dismissal in BlueScope Steel Ltd v Habak [2019] FWCFB 5702.

The Payroll Tax Clampdown Against the Healthcare Industry Continues: the Optical Superstore Case

The Payroll Tax Clampdown Against the Healthcare Industry Continues: the Optical Superstore Case

The Victorian Supreme Court’s decision in favour of the taxpayer has been overturned by the Victorian Court of Appeal. We have previously discussed the Victorian Supreme Court decision.