Jasmine O'Brien

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. 

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.

Failure to disclose director’s convictions results in costly breach of labour hire licensing legislation

Failure to disclose director’s convictions results in costly breach of labour hire licensing legislation

The Supreme Court of Victoria has imposed record penalties against a labour hire provider and its director / secretary for contraventions ‘striking at the heart’ of the purposes of the Labour Hire Licensing Act 2018 (Vic).

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.

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.

Sacking Of Political Staffer By Email Deemed Unfair

Sacking Of Political Staffer By Email Deemed Unfair

In the recent decision of Pierce Field v Department Of Finance [2022] FWC 1619 (24 June 2022), the Fair Work Commission (FWC) found that procedural deficiencies (including dismissal via email) and the denial of natural justice outweigh instances where dismissal could otherwise be considered valid.

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.

Sladen Snippet - Sweet victory for Mondelez after High Court rules on the meaning of ‘day’ for personal / carer’s leave

Sladen Snippet - Sweet victory for Mondelez after High Court rules on the meaning of ‘day’ for personal / carer’s leave

In a significant victory for Australian employers, the High Court has ruled in favour of Cadbury manufacturer Mondelez Australia Pty Ltd clarifying the meaning of the word “day” in the context of personal/carer’s leave entitlements under the Fair Work Act 2009 (Cth) (FW Act).

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).