News

Employers at odds over Government’s desired casual employment changes

After suffering a set-back in September when potential passage of its Fair Work Legislation Amendment (Closing Loopholes) Bill was delayed until next year (see our related article), the Albanese Government has continued to refine the proposed legislation, agreeing to adjust provisions – to varying degrees – pertaining to the ‘same job, same pay’ stipulations for labour-hire workers; protections for gig workers; and, desired changes to casual employment.

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Big compensation for “inevitable” forced resignation of long-serving DSW

A Disability Support Worker (DSW) has been awarded nearly $30,000 compensation by the Fair Work Commission after it found the actions of her Western Australian employer triggered her resignation, tendered when the employment relationship broke-down as she sought to resume duty after suffering a heart attack, which was the second she had experienced during her eight years of employment.

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Bill introduced to facilitate Government’s desired expansion to Paid Parental Leave Scheme

A year on from when the Albanese Government first outlined its desire to increase the Paid Parental Leave (PPL) scheme to a total benefit of 26 weeks’ pay by July 2026 (see our related article), the Paid Parental Leave Amendment (More Support for Working Families) Bill 2023, has been introduced to Parliament seeking to give effect to the proposed changes.

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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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