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News, analysis, online events and on-demand webcasts covering human resources.en-auCopyright HR Dailyhourly11970-01-01T00:00+00:00HR Daily
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News, analysis, online events and on-demand webcasts covering human resources.FWC assessing "unethical" IR advisor's representation; Payroll errors rife; and more
https://www.hrdaily.com.au/news/11850
* FWC full bench to scrutinise "unethical" workplace advisor's representation
* Majority of Australian employers admit to 'accidental wage theft'
* Reframing AI as "amplified intelligence"HR Daily2024-03-27T13:46:00+10:00Closing Loopholes confusion; AHRI targeted in cyber incident; and more
https://www.hrdaily.com.au/news/11740
* Right to disconnect 'inadvertently' attracts criminal sanctions, for now
* HR professionals alerted after AHRI cyber attack
* New discrimination commissioners appointedHR Daily2024-02-09T13:38:00+10:00What to expect of a 'right to disconnect'
https://www.hrdaily.com.au/news/11727
The 'right to disconnect' expected to be introduced this week is potentially a "micro intervention" into employers' operations at a time when the focus should instead be on productivity, a workplace lawyer says. <!--MORE-->
As reported last week, the Labor Government is currently [negotiating with crossbenchers on a right to disconnect](11721), in order to [pass the Closing Loopholes No. 2 Bill this week](11723). Although voting on the Bill is expected to take place within days, at the time of publishing this article the wording of the disconnect provisions was yet to be made public.
But if they're looking at the overseas experience to understand what to expect from these laws, Australian employers might be in for a surprise, Dentons Australia partner Paul O'Halloran tells HR Daily...HR Daily2024-02-05T14:20:00+10:00Loopholes No. 2 Bill set to 'strangle' casual employment
https://www.hrdaily.com.au/news/11722
Amendments in the Closing Loopholes No. 2 Bill will 'strangle' casual employment, business representatives say. <!--MORE-->
[As reported earlier today](11721), Labor and the Greens Senators have expressed their support for the No. 2 Bill, which is set to contain a new 'right to disconnect' for employees.
But another contentious aspect of their inquiry report relates to casual work.
The inquiry shows that, while many casual employees prefer this type of work because of its flexibility, there is a "large and growing cohort" who work in practice as permanent part-time or full-time staff, the Labor members said...HR Daily2024-02-02T15:13:00+10:00Senate support for passing Closing Loopholes No. 2 Bill, amid 'job killing' concerns
https://www.hrdaily.com.au/news/11723
In a Senate inquiry report, Labor and the Greens have expressed their support for the Closing Loopholes No. 2 Bill, subject to adding a new 'right to disconnect', and further casual and gig work amendments. But Coalition members say the Bill will be a "jobs killer".<!--MORE-->
Elements of the original Closing Loopholes Bill were split out and [passed through Parliament](11671) in December, including ['same job, same pay'](11470) laws, [wage theft provisions](11469), and adding [family and domestic violence as a protected attribute](11453) under general protections provisions.
This was despite the Senate's Education and Employment Legislation Committee having until February to report on its inquiry into the original Bill.
In that report, tabled yesterday, Labor members of the Committee noted there had been "overwhelming support" for the Bill from employee organisations, academics, and other groups...HR Daily2024-02-02T13:50:00+10:00'Right to disconnect' up for debate in Closing Loopholes No. 2 Bill
https://www.hrdaily.com.au/news/11721
The Federal Government is set to legislate a new 'right to disconnect' for employees, but details of how this might be implemented are yet to be revealed.<!--MORE-->
In a Senate inquiry report, Labor and the Greens have expressed their support for the Closing Loopholes No. 2 Bill, subject to adding the new 'right to disconnect', and amendments to provisions regarding casual employment and gig work. But Coalition members say the Bill will be a "jobs killer", while independent senators have raised their own concerns.
Elements of the original Closing Loopholes Bill were split out and [passed through Parliament](11671) in December, including ['same job, same pay'](11470) laws, [wage theft provisions](11469), and adding [family and domestic violence as a protected attribute](11453) under general protections provisions.
This was despite the Senate's Education and Employment Legislation Committee having until February to report on its inquiry into the original Bill.
In that report, tabled yesterday, Labor members of the Committee noted there had been "overwhelming support" for the Bill from employee organisations, academics, and other groups...HR Daily2024-02-02T12:05:00+10:00Workplace advisor misled employee, pocketed settlement sum
https://www.hrdaily.com.au/news/11716
A workplace advisor has added to its lengthy history of "problematic" conduct before the Fair Work Commission, which has formally recommended it repay a settlement sum it received on behalf of an employee. <!--MORE-->
In September last year, shortly after his dismissal, the Elite Elevators employee contacted workplace advisory service 'Employee Dismissals' to seek representation for a general protections matter.
Employee Dismissals agreed to represent him in seeking the "reversal" of his dismissal and compensation, noting its professional fee was $4,490 plus GST, and subject to its 'no win no fee guarantee'.
The employee accepted Employee Dismissals' 'terms of service' two minutes after receiving its email, and 30 minutes later, it sent him a six-page 'terms and conditions and instructions to act' letter. He signed that letter 64 seconds later...HR Daily2024-01-31T14:47:00+10:00Paid agents under scrutiny amid conduct concerns
https://www.hrdaily.com.au/news/11717
The Fair Work Commission has established a working group to examine how to ensure all paid agents act ethically, honestly, and in the best interests of the parties they represent. <!--MORE-->
The announcement comes just days after President Justice Adam Hatcher chastised workplace advisory service Employee Dismissals for its handling of a sacked employee's general protections claim and subsequent settlement.
President Justice Hatcher found Employee Dismissals had inaccurately described the claim it ultimately lodged on the employee's behalf, "misleadingly" implied the Commission had the power to "reverse" dismissals, and failed to "carefully" explain the limitations of its 'no win, no fee' guarantee...HR Daily2024-01-31T13:50:00+10:00'Work and care' award variations; Honours for HR expert; and more
https://www.hrdaily.com.au/news/11712
* FWC considering 'work and care' award variations
* HR trailblazer receives Australia Day honours
* Who's on the move in HR?HR Daily2024-01-29T12:31:00+10:00Financial pressures, inequalities will drive up employee activism: lawyers
https://www.hrdaily.com.au/news/11599
Nearly two-thirds of Australian business leaders are expecting a rise in employee activism, with pay inequalities and the cost of living predicted as the main drivers for negotiations, according to new research. <!--MORE-->
Herbert Smith Freehills' survey of 500 senior executives from companies across the world found 77% of Australian employers believe the risk of employee activism has decreased over the past 18 months due to the economic downturn, but 63% expect this to change.
The 'Future of work report 2023' shows this change will be fuelled by "the same financial pressures that are currently subduing it", partner Natalie Gaspar says, noting that half of Australian leaders think the cost-of-living crisis will result in industrial action.
"One example linked to the cost-of-living crisis is employee sensitivity to remuneration – some of the recent legislative changes in Australia [prevent pay secrecy clauses](11005) for employees, so if you pay people differently within your organisation, there are going to be [conversations about comparing pay](11551)," she says...HR Daily2023-11-06T14:04:00+10:00IR Bill "sets new bar" for industrial manslaughter prosecutions
https://www.hrdaily.com.au/news/11539
The Federal Government's proposed industrial manslaughter laws will see businesses and senior officers face much tougher penalties, but until a prosecution occurs they're unlikely to prompt much change, an employment law specialist says. <!--MORE-->
The new industrial manslaughter offence in the Closing Loopholes Bill, if passed, will be added to the Commonwealth Work Health and Safety Act 2011, and will apply to Federal Government departments and certain businesses self-insured under the Comcare scheme.
But each state can also opt in to the new penalties, and this is particularly important in New South Wales, which doesn't currently have an industrial manslaughter regime, Hickson Lawyers partner Warwick Ryan tells HR Daily...HR Daily2023-10-06T14:30:00+10:00Q&A: The FWC's first rulings on multi-employer bargaining
https://www.hrdaily.com.au/news/11530
In light of the Fair Work Commission's first multi-employer bargaining decisions, many organisations will now want to think more seriously about how they can shore up control of their employment relationships, a workplace lawyer says. <!--MORE-->
This Q&A covers:
* key points from the first MEB rulings;
* what is now clearer – and not – about the new regime;
* practical implications for all employers; and
* what's next for this space.HR Daily2023-10-04T13:22:00+10:00Bargaining decision highlights employers' "roping in" exposure
https://www.hrdaily.com.au/news/11522
The FWC's first multi-employer bargaining decision reinforces that the new framework will be relevant to "pretty much every employer in the country", according to a workplace lawyer. <!--MORE-->
Yesterday, a full bench of the Commission found the matters raised in the application – involving three unions, 64 employers and some 12,000 employees in the early childhood education and care (ECEC) sector – ["overwhelmingly" favoured the making of a supported bargaining authorisation](11523).
In considering the Fair Work Act's new section 243 requirements, the bench found the application was validly made and that at least some of the employees who would be covered by the proposed agreement were represented by one of the three unions...HR Daily2023-09-28T16:38:00+10:00FWC authorises multi-employer bargaining in landmark case
https://www.hrdaily.com.au/news/11523
Three unions and 64 childcare employers have been cleared to make a multi-enterprise agreement, after a Fair Work Commission full bench found numerous factors "overwhelmingly" favoured authorising their application. <!--MORE-->
The Secure Jobs Act's [multi-employer bargaining changes](11277) came into effect on 6 June this year, and that same day the United Workers' Union, Australian Education Union and Independent Education Union of Australia applied for a supported bargaining authorisation under section 242(1) of the Fair Work Act.
In their decision yesterday, President Justice Adam Hatcher, Vice President Ingrid Asbury and Deputy President Peter Hampton set out the relevant statutory framework and general principles, and noted the supported bargaining scheme is a "modification" of the FW Act's previous low-paid bargaining scheme, "rather than a complete innovation, with the objective of rendering the scheme more accessible and therefore more widely-used"...HR Daily2023-09-28T15:47:00+10:00Future workplace rights protected under adverse action laws: High Court
https://www.hrdaily.com.au/news/11490
Qantas took unlawful adverse action when deciding to outsource thousands of positions to prevent workers from engaging in industrial action, despite those workers not having a workplace right to take such action at the time, the High Court has ruled. <!--MORE-->
The Court found that taking adverse action against a person to prevent them exercising a workplace right contravenes section 340(1)(b) of the Fair Work Act, regardless of whether that person has the right at the time of the action.
Qantas did not avoid the operation of this section by taking the adverse action "prior to the existence of the workplace rights the exercise of which [it] sought to thwart", the Court said.
In November 2020, while its operations were severely affected by the pandemic, Qantas Airways announced its decision to outsource its ground-handling operations at 10 Australian airports, informing the Transport Workers Union it had rejected its in-house bid to retain services for around 2,000 Qantas and Qantas Ground Services (QGS) employees...HR Daily2023-09-13T14:16:00+10:00"Sham" agreement could signal "wider-scale abuse" of EA process: FWC
https://www.hrdaily.com.au/news/11491
A Fair Work Commission full bench has accused six employees of engaging in a "sham exercise" when they voted up an enterprise agreement, finding their approval was "entirely lacking in authenticity and moral authority". <!--MORE-->
In October last year, FWC Deputy President Val Gostencnik approved, with undertakings, the Workforce Logistics Pty Ltd Enterprise Agreement, two months after the business was registered.
The Australian Workers' Union sought permission to appeal the EA's approval eight months later, arguing the Deputy President was wrong to find it was genuinely agreed to by the six relevant employees.
It told the Commission it should receive an extension of time to appeal, as it was unaware the EA existed until May this year, and it had evidence that the making and approval of the Agreement was "a contrivance and a sham intended to avoid collective bargaining"...HR Daily2023-09-13T11:52:00+10:00Q&A: Implications of the Closing Loopholes Bill
https://www.hrdaily.com.au/news/11479
The Closing Loopholes Bill is "really bold legislation" set to fundamentally change Australia's employment laws, and it requires employers to start taking some practical steps now, a lawyer says. <!--MORE-->
Topics covered in this Q&A include:
* expected and unexpected elements of the Bill;
* employers' increased compliance and administrative burden;
* areas of major concern;
* complexity and uncertainty around casuals and contracting;
* practical steps to take now; and more.HR Daily2023-09-07T13:27:00+10:00Bill introduces "abstract, broad and conceptual" notions of casual
https://www.hrdaily.com.au/news/11473
The Albanese Government's proposed Fair Work Act amendments will make it harder for businesses to engage casuals, and "radically alter" these employment arrangements, employer groups say. <!--MORE-->
The Closing Loopholes Bill introduced this afternoon runs to 284 pages while the explanatory memorandum is 521 pages, so HR Daily will provide piecemeal coverage of its key elements in coming articles.
One of the most anticipated elements is the new casual employee definition and conversion pathway, flagged in July...HR Daily2023-09-04T16:10:00+10:00'Same job, same pay' laws to have "negligible" impact: Burke
https://www.hrdaily.com.au/news/11470
'Same job, same pay' laws being introduced today will affect only a small number of workers, the Labor Government says. Here are 11 things known about the legislation so far. <!--MORE-->
Having outlined the other three pillars of the Closing Loopholes Bill last week – namely regarding casuals, gig workers and wage theft – Workplace Relations Minister Tony Burke left it until late on Sunday night to share details of the final, labour hire element.
He describes the "labour hire loophole" as where an employer and employees have agreed in an enterprise agreement to a particular rate of pay for particular work, "but then the employer brings in different workers through labour hire to undercut that rate of pay".
This loophole, the Government says, is only relevant where there is an EA already in place...HR Daily2023-09-04T12:16:00+10:00Wage theft to attract fines of 3x underpayments, plus jail time
https://www.hrdaily.com.au/news/11469
Deliberately underpaying workers will be a criminal offence, punishable by fines of up to three times the amount of underpayments, under laws being introduced to Parliament today. <!--MORE-->
Ahead of introducing the Closing Loopholes Bill, Workplace Relations Minister Tony Burke has set out that the legislation will:
introduce a maximum possible penalty of 10 years' imprisonment and maximum fines of up to $7.8 million – or three times the amount that was underpaid if that amount exceeds the maximum fine; not apply to employers that make "honest mistakes"; provide pathways for employers to self-report and take reasonable steps to repay the correct amount. Support will be provided by the Fair Work Ombudsman in educating employers on their responsibilities...HR Daily2023-09-04T11:50:00+10:00IR changes "a solution looking for a problem"
https://www.hrdaily.com.au/news/11468
Labor's imminent industrial relations changes, which include a first-ever "definition of what an employee is", represent a union "wish list" rather than addressing legitimate loopholes, employer groups say.<!--MORE-->
This week in multiple speeches and interviews, Workplace Relations Minister Tony Burke has revealed more details of the Labor Government's third-tranche IR reforms, which will be introduced to Parliament on Monday as the 'Closing Loopholes Bill'.
Among them, as [previously reported](11206), is a definition of employee – the first time Australia has had this.
"Effectively the new definition of an employee will be a legislated version of the old definition of an employee," Burke has told the National Press Club...HR Daily2023-09-01T13:11:00+10:00Another protected attribute for employees; 'IR inflexibility' holding back productivity; and more
https://www.hrdaily.com.au/news/11453
* Adverse action extension among next FW Act amendments: Burke
* "Lagging" productivity needs attention: Ai Group
* NSW expanding portable long-service leaveHR Daily2023-08-25T14:04:00+10:00Lawyers question whether "brilliant" EA clause will stand up to challenge
https://www.hrdaily.com.au/news/11362
More than a dozen enterprise agreements approved in the past few months contain an "ingenious" clause designed to increase union membership, but workplace lawyers question whether it will "stand the test of time". <!--MORE-->
The "productivity allowance" clause is being peddled by the NSW branch of the Electrical Trades Union, and it entitles eligible employees to receive an extra $3.70 an hour (equating to about $130 a week), say Kingston Reid partners Shelley Williams and Brendan Milne.
"But there's a catch, and it's a big one," Williams says. "Only employees who have successfully completed an 'agreement interpretation course' each year get the payment."...HR Daily2023-07-14T14:23:00+10:00Protecting Worker Entitlements Bill passes
https://www.hrdaily.com.au/news/11315
A Bill to close "the loopholes that some businesses use to undercut workers' pay, security and flexibility" has passed through Parliament today.<!--MORE-->
The Protecting Worker Entitlements Bill amends the Fair Work Act to:
* include a right to superannuation in the National Employment Standards;
* increase employees' entitlement to unpaid parental leave;
* address unfairness in long-service leave calculations for casual employees in the black coal mining industry;
* clarify that temporary migrant workers are entitled to workplace protections under the Fair Work Act; and
* clarify the interaction between enterprise agreements and workplace determinations...HR Daily2023-06-22T15:54:00+10:00Employer refused flex work request without "meaningful engagement"
https://www.hrdaily.com.au/news/11301
An employer failed to "fulsomely engage" with an employee and consider all available options when determining her flexible work request, a Fair Work Commission full bench has found in appeal proceedings. <!--MORE-->
In February last year, the Ambulance Victoria paramedic requested a flexible work arrangement under the relevant enterprise agreement, so she could accommodate her caring responsibilities.
She proposed shortening her night shifts from 6pm–8am to 9pm–6am, however the employer said this "can't be done" because that type of shift didn't exist...HR Daily2023-06-16T14:17:00+10:00IR changes now in effect: flexible work, unpaid parental leave, enterprise bargaining
https://www.hrdaily.com.au/news/11277
Employers' obligations regarding flexible work, unpaid parental leave and enterprise bargaining change today, while more industrial relations reforms are coming into effect soon. <!--MORE-->
Employees now have stronger rights to request flexible working arrangements and extensions to unpaid parental leave.
The Federal Government's Secure Jobs Act has amended the Fair Work Act to expand eligibility for flexible work requests to employees who are pregnant or who are experiencing family and domestic violence...HR Daily2023-06-06T06:00:00+10:00Minimum wage rise of 5.75% is "the most that can reasonably be justified": FWC
https://www.hrdaily.com.au/news/11274
The national minimum wage will increase by 5.75% on 1 July, the Fair Work Commission has ruled.<!--MORE-->
That is a rise of $70.20 per week, to $882.80.
President Adam Hatcher said this morning that the combination of low unemployment, falling real wages and high inflation was "very unusual" and presented a "particular challenge" in this year's wage review...HR Daily2023-06-02T11:34:00+10:00Code of conduct applied to consultation meeting
https://www.hrdaily.com.au/news/11268
An employee has failed to argue a different standard of conduct applied during a consultative meeting, in appealing against the severity of disciplinary action imposed on him for poor behaviour.<!--MORE-->
The disciplinary action related to an employee meeting organised by WorkCover Queensland's people group in October, to discuss a new certified agreement.
During the hybrid meeting, which he attended in person, the employee was alleged to have: interrupted the head of people operations on multiple occasions; made sarcastic noises such as sighing; and used expressions that were rude, abrupt or disparaging...HR Daily2023-05-30T13:20:00+10:00Employee/manager distinction crucial ahead of award changes
https://www.hrdaily.com.au/news/11208
Award changes giving overtime rates to a group of workers who weren't previously entitled to them are unlikely to impact many employers, but a provision excluding managers reinforces the importance of making that distinction clear in contracts.<!--MORE-->
The changes, slated by the Fair Work Commission, will make it clear that the Professional Employees Award 2020, which covers qualified engineers, scientists, data analysts, medical researchers and some IT professionals, doesn't cover management staff.
It will also be amended to specify ordinary hours of work, introduce overtime pay and penalty rates, and require employers to record hours worked – but these amendments will only apply to employees earning less than 25% above the award's minimum rates...HR Daily2023-05-01T12:01:00+10:00Major changes to discrimination, adverse action and casual laws under consideration
https://www.hrdaily.com.au/news/11206
The Federal Government is seeking feedback on a number of proposed Fair Work reforms, including strengthening anti-discrimination and adverse action protections, classifying casuals, and criminalising wage theft.<!--MORE-->
In a recent consultation paper, the Government poses numerous "options for reform" regarding employee protections, with the aim of aligning "key features" of existing anti-discrimination laws and clarifying exemption provisions.
"Discrimination law is an evolving area of practice, and the law needs to keep pace with contemporary community standards and expectations. Since the commencement of the Fair Work Act's anti-discrimination framework in 2009, there have been a number of developments in discrimination laws in Australia which have not flowed through to the Fair Work framework," the paper says...HR Daily2023-04-28T13:10:00+10:00