Australia: Survey of state – WHS regulation and reform relating to psychosocial risks

The pressure to better regulate psychological health in the workplace has been ever increasing since the release of Marie Boland’s independent Review of the model Work Health and Safety laws (Boland Review) in 2018, followed by Kate Jenkin’s Respect@Work Inquiry into Sexual Harassment in Australian Workplaces and the Productivity Commission’s Inquiry into Mental Health in … Read more

Australia: In the crosshairs – ACCC confirms review of no-poach provisions in employment contracts

As noted in our 27 March 2023 Employment Note, the Assistant Minister for Competition, Charities and Treasury, Andrew Leigh MP (Leigh) recently requested advice from the Australian Competition and Consumer Commission (ACCC) about the competitive impacts of non-compete post-employment restraints. Leigh suggests that non-compete clauses in employment contracts hampers job mobility and wage growth, and … Read more

Australia: Zombies rise from the industrial crypt – upcoming notification obligations under the Secure Jobs, Better Pay reforms

The recent Secure Jobs, Better Pay reforms to the Fair Work Act require employers to notify employees covered by so-called ‘zombie agreements’ – being agreements that were made before 1 January 2010 – that: the employee is covered by an agreement based transitional instrument; and the instrument will terminate on 7 December 2023 (unless an … Read more

Australia: Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023

Labor introduced the Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 (PWE Bill) into Parliament yesterday. The PWE Bill contains the second tranche of amendments to the Fair Work system. We have put together a summary of the changes proposed to the Fair Work Act and related legislation that addresses the following: making changes … Read more

Australia: Breaking the chains – ACCC Review of non-compete and no-poach provisions in employment contracts

The Federal Government has recently passed some of the most extensive industrial relation reforms seen in Australia with the view to providing stronger protections for workers, improving job security and gender equity. Employers could soon be facing further changes, with the Assistant Minister for Competition, Charities and Treasury, Andrew Leigh MP (Leigh), suggesting the use … Read more

Australian Privacy Act Review Report: Key Takeaways for Employers

It is likely that changes will be made to the Employee Records Exemption. We explore what this could look like, plus additional proposals likely to impact employers. Australian employers are going to have to wait longer to fully understand how forthcoming changes to Australia’s privacy laws will impact them. Although the recently released Privacy Act … Read more

The Third Wheel Podcast Series: ESG in Australia Episode 26 – International Women’s Day with Stella

By Nerida Jessup and Natalie Gaspar In celebration of International Women’s Day, partners Nerida Jessup and Natalie Gaspar from our employment, IR and safety practice speak with Jaclyn Booton, Executive Director of the Stella Prize, a major literary award celebrating Australian women’s writing. They reflect on 10 years of Stella and its significant influence on a more vibrant and equitable … Read more

Australia: New shutdown rules for 78 modern awards

New changes to apply from May 2023 impact the way employers implement annual shutdowns The Fair Work Commission (FWC) has varied 78 modern awards as part of the Commission’s 4-yearly review of modern awards process by replacing existing shutdown clauses with a new model term. See the full list of varied awards at the bottom … Read more