News

Third tranche of desired IR changes delayed to 2024

This article contains updates as of 7 December 2023.

In September, the Albanese Government introduced its third wave of proposed workplace law reform to Parliament in the form of the Fair Work Legislation Amendment (Closing Loopholes) Bill (see our related article). After having initially been hopeful of securing passage of the Bill this year, the Government’s hopes have been dashed, with the proposed legislation being referred for a Senate inquiry subject to a report deadline of 1 February 2024.

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Resources to assist employers in meeting “positive duty” obligations

Late last year, the Government successfully negotiated passage of its Respect@Work legislation which enhanced an employer’s obligation to prevent sexual harassment and sex discrimination in the workplace. From 12 December 2023, the Australian Human Rights Commission (AHRC) will be empowered to investigate and enforce compliance with this identified “positive duty” and, to assist employers meeting their obligations, has made available a suite of resources.

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$25K compensation for “embarrassing” sex harassment dismissal of veteran worker

A baker with 23 years of “unblemished service” has been awarded the maximum compensation for his summary dismissal over a complaint of sexual harassment, with the Fair Work Commission (FWC) unable to be satisfied the misconduct occurred despite appreciating the employer “felt they had to react strongly to the very serious allegation”.

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Lawful, reasonable roster changes did not force resignation: FWC

An early childhood educator has failed to convince the Fair Work Commission she was constructively dismissed when she resigned in the face of proposed changes to her hours which would have been “an inconvenience” to her, with Deputy President Bell instead finding she ceased work voluntarily in response to roster changes which were “well-founded and reasonable” and permitted by the prevailing enterprise agreement.

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Casual unintentionally dismissed when removed from pool after six-week absence

A casual Direct Care Worker (DCW) has won the right to pursue her general protections dismissal claim, with the Fair Work Commission confirming her employment was terminated at the initiative of the employer when she was “dropped off the pool” after being absent for six weeks for a non-work-related back injury.

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Christmas shutdown basics for Employers

The rules for employees taking leave during a temporary closure for Christmas/New Year were standardised from May 2023 onwards. If your business is taking a break over Christmas, you can check-in on your obligations to your employees over the Festive Season with our updated post here.

Government puts casual conversion back on the agenda

In July, IR Minister, Tony Burke, announced plans to seek refinement of existing casual conversion provisions – introduced by the Morrison Government in 2021 – to make conversion to permanency even easier for eligible casuals who seek it, whilst also pursuing a “practical definition” of casual employment, wherein it will be necessary to ask, “what’s really going on”, in order to accurately define the employment relationship.

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