News

Gender-based Undervaluation – Priority Awards Review: Final Stage Hearings set

In our news post of May, we explored various changes a Full Bench of the Fair Work Commission determined to be necessary in several Modern Awards applicable in highly feminised industries; these awards include the Children’s Services Award 2010 (CS Award), the Health Professionals & Support Services Award 2020 (HPSS Award) and the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award). Following a Directions hearing on 15 July, the matters have been set down for multi-day hearings in October and November, representing the final stage of the Gender-based Undervaluation – Priority Awards Review process.

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IR Laws to be tweaked, not overhauled, in Albanese Government’s second term

Following its comfortable win in the recent Federal election, coupled with a strong contingent of Greens Senators represented in the Upper House, the Albanese Government stands well placed to continue seeking significant IR reform during its second term, though initial signs point to legislative change being more limited than what has been witnessed since it was first elected to power in 2022.

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2024-25 Annual Wage Review – Progress Update

As we edge towards the half-way point of the year, the Annual Wage Review process has entered its final stages, with the deadline for submissions having passed mid-month and consultations scheduled in Sydney on 21 May. Whilst it is feasible a decision could be handed down as early as 30 May, it is more likely this year’s timeline will mirror 2024, meaning publication in early-June is a more probable outcome. [UPDATED: the decision will be handed down on Tuesday 3 June]

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Gender Undervaluation decision set to revamp awards in feminised industries

Prior to Easter, the Fair Work Commission (FWC) handed down its decision in the Gender Undervaluation – Priority Awards Review process, which commenced last year on the Commission’s own motion, and flowed from observations borne out of the 2023-24 Annual Wage Review (see our related article). The provisional views expressed in the comprehensive decision of 16 April stand to significantly impact wage rates and classifications contained within several Modern Awards applicable in highly feminised industries, including the Social, Community, Home Care & Disability Services Industry Award 2010, the Children’s Services Award 2010 and the Health Professionals & Support Services Award 2020.

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Qld Government hits pause on foreshadowed anti-discrimination changes

In September 2023, the Queensland Government secured passage of legislation designed to strengthen the state’s anti-discrimination protections, in part by imposing a “positive duty” on employers to eliminate sexual harassment and sex discrimination in the workplace. The enhanced laws were due to take effect from 1 July 2025, but implementation has since been paused by the Crisafulli Government pending further consultations.

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No remote work for employee fleeing “disturbing” domestic violence

A health professional who urgently relocated interstate from the Northern Territory when her partner breached an Apprehended Domestic Violence Order (ADVO) has failed in her bid to convert her role to an entirely remote position, with the Fair Work Commission upholding the employer’s refusal of her request for flexible working arrangements.

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Near-maximum compensation for casual receptionist sacked via co-worker

A long-standing employee at a Victorian adult venue has been awarded close to six months’ wages as compensation for her summary dismissal actioned in September 2024, with the Fair Work Commission finding that the employer’s small size and lack of HR expertise could “not excuse the use of a proxy to terminate a long-term employee by communicating ‘give me your keys and leave’”.

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