News

New vax mandates in effect in QLD, another NSW challenge fails

By 17 December 2021, many private-sector Queensland workplaces will be operating under public health directions, issued by the State Government, mandating vaccination against COVID-19 for all employees, contractors and volunteers. Similar public health directions have been operating in other States and Territories for months, with New South Wales and Victorian businesses having been subject to particularly expansive mandates on COVID-19 vaccination. 

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No compensation for “out of touch” hospitality worker wrongly stood down

Deputy President Lake of the Fair Work Commission has declined to award compensation to a Gold Coast hospitality employee, despite confirming she was unlawfully stood down twice in August and September, finding it would be unfair to her employer and colleagues who agreed to “share the burden of the pandemic”.

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2022 Queensland Public Holiday Calendar

Subscribers, login to your online account, go to ‘Fact Sheets’ and scroll down to the ‘Pay’ subheading to download a handy PDF list of all of the 2022 Public Holidays for Queensland. Don’t forget, just like last year, there are some additional public holidays in force over the Christmas/New Year period this year (see our related article).

Calling NZ Worker “Sheep Shagger” Not Racial Discrimination: Court

A Court has found that the term “sheep shagger” has no connection to race because it could be applied to any New Zealander regardless of their race or ethnic origin.  The finding formed part of a decision in a case brought by a worker against a concrete pumping business alleging breaches of anti-discrimination legislation and the Fair Work Act.

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REMINDER: Select Modern Awards subject to 2.5% wage increase from 1 November

A small number of Modern Awards remain to be varied for this year’s Annual Wage Review Increase of 2.5%, which will be flowed into 20 awards from the first full pay period commencing (ppc) on or after 1 November 2021.

If you’re seeking confirmation of the increase awarded via the 2021-22 Annual Wage Review, applicable to most award-covered employees from ppc 1 July 2022, see our related article.

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Vax mandates remain hot topic as FWC Full Bench upholds dismissal of flu jab abstainer

In September, a majority Full Bench of the Fair Work Commission (FWC) further endorsed the July 2020 sacking of a receptionist in a NSW aged care facility for refusing to receive the flu shot in accordance with her employer’s policy, denying her permission to appeal an earlier FWC decision upholding her dismissal, but the receptionist’s representatives have flagged a Federal Court challenge, emboldened by the passionate dissenting view of one FWC member.

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Dismissal upheld for unreasonable refusal of employer’s lawful urine-sample demand

The Fair Work Commission has endorsed an employer’s stringent random drug testing policy, rejecting a dismissed worker’s argument that she should have been exempted from the “invasive” urine testing technique because she was experiencing a “personal medical condition” at the time she was required to provide a sample.

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