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    Re-Cap on Fair Work Commission’s First Month of Bullying Complaints

Re-Cap on Fair Work Commission’s First Month of Bullying Complaints

The Fair Work Commission (FWC) is into its 6th week of receiving bullying complaints under the new provisions of the Fair Work Act which commenced on 1 January 2014.

After the initial flurry of complaints lodged on 1 January, the FWC has reported it received a total of 44 bullying complaints in the month of January.

That compares with around 1000 unfair dismissal applications likely to have been made in the same month. So, whether or not the number of complaints filed in January is an […]

By |February 13th, 2014|Workplace Law|

CRH Law wishes you a Merry Christmas

May you reap the joy of Christmas and the opportunity for sharing it brings.

Enjoy the company of friends, family, and your God.

Think of others in the world and do what you can to convert those good thoughts to good deeds.

May happiness and prosperity follow you all the days of 2014.

Work Health and Safety Regulation Delays

A number of regulations contained in the Work Health and Safety Regulation 2011 which were due to take force on 1 January 2014 are now likely to be delayed until 31 December 2014.

The regulations which are likely to be delayed relate to certain aspects of asbestos work, high-risk work, plant and structures and audiometric testing for workers exposed to excessive noise. The reason for the delay is that some of these regulations may be removed from the legislation or otherwise streamlined.

However, the following regulations […]

By |November 13th, 2013|Workplace Law|

New Sex Discrimination Act Amendments commence

The Sex Discrimination Act (“SDA”) has been changed so that it is now unlawful to discriminate against a person on the basis of their:

Sexual orientation;
Gender identity; or
Intersex Status.

Also, the definition of “marital status” has been extended to include “marital or relationship status” as a ground of discrimination, making it unlawful to discriminate against a person because they are in a same sex relationship.

The amendments are intended to address discrimination against lesbian, gay, bisexual, transgender and intersex people.  Previously, the SDA addressed discrimination on the […]

By |August 15th, 2013|Workplace Law|

Superannuation Increases and “all-inclusive” Remuneration Packaging

As at 1 July 2013, the minimum superannuation contribution an employer is required to make has increased from 9% to 9.25% of the Ordinary Time Earnings (OTE) for each employee.  This is the first of seven increases which will bring the contribution rate to 12% in 2019.

INCOME YEAR
SUPER CONTRIBUTION ON OTE

2014-15
9.5%

2015-16
10%

2016-17
10.5%

2017-18
11%

2018-19
11.5%

2019-20
12%

The change to superannuation contribution rates has resulted in an increase in enquiries from employers as to how to structure remuneration packages for employees in the new financial year, particularly, whether they are able […]

By |July 17th, 2013|Workplace Law|

FWO audit campaign for voluntary workers

The first ever significant review of unpaid work experience in Australia has uncovered that a surprisingly significant number of workers are undertaking volunteer or unpaid internships or unpaid work experience trials across a wide range of industries.

Some “want-to-be-workers” were also having to pay agencies to place them into these unpaid trials or internships.

The report, by University of Adelaide legal academics, found (less surprisingly) that the practice was particularly concentrated amongst young workers and in industries such as hair and beauty, retail and hospitality.

The significant […]

By |July 2nd, 2013|Workplace Law|

Workplace bullying law for NFPs

In the latest twist on workplace bullying, the Federal Government has confirmed commencement of its legislation has been delayed until 2014, but its application to the NFP sector remains completely uncertain.

The current draft of the legislation applies it to federal public sector bodies and private sector corporations but not organisations that are not “constitutional corporations”. That puts the not-for-profit sector right back in the no-mans-land it was in before the referral of industrial relations powers by state governments a few years back.

Whether not-for-profit organisations […]

By |June 12th, 2013|Workplace Law|

Head-hunting for new talent a risky business for employers

Head-hunting talent from competitors is a common recruitment strategy that employers engage in to obtain the best people for their organisation.

While the risks to employees of working for the competition in breach of contractual obligations are well known, a recent case demonstrates the significant risk to the employers who poach these employees and engage them in work in breach of the employee’s post-employment restraints.

The New South Wales Supreme Court has imposed costs on a non-party employer company because, after poaching an employee from the […]

By |May 16th, 2013|Workplace Law|

ACCC Unfair Contract Terms Review – ‘Australian Consumer Law’

The Australian Consumer Law (ACL) came into effect on 1 July 2010.  The main purpose of the ACL provisions is to protect consumers from unfair terms in standard form consumer contracts.  It also introduces broader consumer protection.

A consumer contract involves the sale of goods, services or land to an individual ‘for personal domestic consumption or household use’.

The ACL does not apply to contracts to supply goods or services from one business to another business for business use.

There is no legal definition for ‘standard form […]

By |April 18th, 2013|Workplace Law|

New workplace gender equality reporting requirements

The deadline for reporting on the Federal Government’s new gender equality requirements is fast approaching, so now is the time for employers to look again at their gender equity obligations.

Employers with more than 100 employees have to lodge their report with the Workplace Gender Equality Agency by 31 May.

This year employers will only be required to provide information on their workplace profile, identifying the gender composition of their workforce across various bands of employees.

After submitting the report, employers must also:

inform employees and their unions […]

By |April 11th, 2013|Workplace Law|