Jurisdiction: Australia

Australia: Casting a Wide Net – Proposed Labour Hire Licensing Scheme in Queensland

The Queensland Parliament is currently considering significant changes to the labour hire industry by way of the Labour Hire Licensing Bill 2017 (Qld) (Bill). The Bill, which was introduced and read for the first time on 25 May 2017:   … Continue reading

Leave a Comment

Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Australia

Australia: ABCC v Powell – Right of entry and the OHS Act

In an important Full Court appeal decision, Bromberg J’s decision in Director of the Fair Work Building Industry Inspectorate v Powell [2016] FCA 1287 was overturned in the Federal Court last week. In the first instance decision, Bromberg J found that … Continue reading

Leave a Comment

Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Australia, Workplace Health and Safety

Australia: Wage theft and non-compliance of the Superannuation Guarantee

The Senate Economics References Committee has released its report 'Superbad – Wage theft and non-compliance of the Superannuation Guarantee' following concerns raised by Industry Super Australia about considerable underpayment of mandated Superannuation Guarantee contributions.

Leave a Comment

Filed under Jurisdiction: Australia, Remuneration (including bonus and incentive plans)

Australia: Have you updated your salary sacrifice policy?

Employers may need to review their salary sacrifice policies as from 1 July 2017 due to changes to the superannuation rules. The most significant change is that, from 1 July 2017, employees will be able to make personal superannuation contributions … Continue reading

Leave a Comment

Filed under Jurisdiction: Australia, Remuneration (including bonus and incentive plans)

Australia: WHS Discrimination – A Question of Fact

A recent decision of the Victorian Supreme Court of Appeal has considered the ‘prohibition against discrimination’ offence provisions in the Occupational Health and Safety Act 2004 (Vic) (OHSA).   Judicial consideration of these provisions is rare. In the harmonised jurisdictions … Continue reading

Leave a Comment

Filed under Jurisdiction: Australia, Termination of employment, Workplace culture, diversity and discrimination (including bullying and harassment), Workplace Health and Safety

Australia: Wages trends in enterprise bargaining – latest data

The 'Trends in Federal Enterprise Bargaining' report for October-December 2016 was released by the Department of Employment this week. Across the country, Victoria recorded the highest annual wages increases of 3.6%, compared to the Australian Capital Territory with the lowest at … Continue reading

Leave a Comment

Filed under Jurisdiction: Australia, Remuneration (including bonus and incentive plans)

Australia: Important interim order in a bullying application

A recent decision in the anti-bullying jurisdiction of the Fair Work Commission has highlighted the (potentially complicated) interaction between bullying complaints and an employer's internal investigation process. In Lynette Bayly [2017] FWC 1886, the Commission made an interim order staying an employer’s internal … Continue reading

Leave a Comment

Filed under Employment-related claims- procedure and form, Jurisdiction: Australia

Australia: Health and Safety Frequency – April 2017

Welcome to Herbert Smith Freehills Health and Safety Frequency for April 2017, where we touch on legal developments in Australian health and safety from the last three months and give you some more personal insights into what we and our … Continue reading

Leave a Comment

Filed under Jurisdiction: Australia, Workplace Health and Safety

Australia: The new NERR – another bargaining stumbling block?

From 3 April 2017, there is a new look to the most controversial form in enterprise bargaining – the notice of employee representational rights (NERR). The NERR is the form an employer must use to notify employees, when enterprise bargaining … Continue reading

Leave a Comment

Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Australia

Australia: Victorian Government Announces Changes to OHS Laws

Last week, the Victorian Government announced its intention to make a series of changes to different aspects of Occupational Health and Safety (OHS) Laws in Victoria. The changes were not widely publicised in advance, but may have a noticeable impact on … Continue reading

Leave a Comment

Filed under Jurisdiction: Australia, Workplace Health and Safety