The landscape of casual employment in Australia has undergone significant changes following the High Court's landmark decision in Workpac Ltd v Rossato & Ors [2021] HCA 23. The recently enacted Closing Loopholes No 2 Act, introduces a legislative definition of casual employment effective from late August. Employers are advised to reassess their casual workforce within the six-month transition period to ensure compliance.

As remote work becomes increasingly prevalent, the boundaries between home and work life have become more fluid. With many employees finding themselves engaged in work tasks outside of traditional office hours, the need for clear guidelines regarding work-life balance has never been more pressing. Read more about what you need to know.

A recent decision by the Fair Work Commission highlights the significance of proper procedure even when there are valid grounds for dismissal. In a case involving allegations of harassment, the Commission found that the employer's procedural deficiencies outweighed the valid reasons for termination. Despite the employee's inappropriate behavior, the employer's failure to manage the conflict adequately and provide procedural fairness led to an unfair dismissal verdict.

The responsibility lies with the employer to provide evidence and justification for their refusal of a flexible work request. Employers should keep this in mind during negotiations or when declining requests, aiming to find common ground whenever feasible to prevent unnecessary conflict.

The right to disconnect, introduced through the Fair Work Legislation Amendment (Closing Loopholes No.2) Bill 2023, grants Australian employees the entitlement to ignore work-related communication outside of working hours, except when deemed unreasonable. This amendment seeks to balance work-life boundaries by allowing employees to disengage after work hours, unless specific criteria for reasonableness are met.

In the aftermath of the COVID-19 lockdowns, the education sector grapples with the concept of flexibility. The push for workplace flexibility aligns with the 2023 Senate Select Committee on Work and Care's recommendations, citing positive impacts on gender equality globally. However, the unique nature of the education sector underscores the necessity for comprehensive engagement with school communities to address diverse needs and ensure successful implementation of any significant changes.

Fixed term contracts (including maximum term and temporary contracts), entered into on or after 6 December 2023, are limited to a maximum period of two years and/or one renewal, including previous periods of employment, unless limited exceptions apply.

CER will soon be integrated into Catholic Schools NSW (CSNSW), joining the Legal and Risk team, and marking the end of the CER entity. The merger aims to better meet the employment law needs of Catholic organisations in education, social services and religious sectors.

Learn how to effectively manage performance issues with employees, from distinguishing between underperformance and misconduct to implementing performance improvement plans for better results.

This article explores the concept of reasonable additional hours under the Fair Work Act, covering the rights of employees to refuse such hours and the corresponding compensation. It delves into considerations for determining reasonableness, payment obligations, and potential future changes regarding the "right to disconnect" outside of work hours.

Effective from 1 July 2023, the Fair Work Commission has announced a 5.75% increase in the National Minimum Wage and Modern Award pay rates, with the NMW actually increasing by 8.6%. Ensure that your award-covered employees' wages reflect the new pay increase and stay compliant with the updated regulations.

A recent decision by the Industrial Relations Commission highlights the challenges schools face when dealing with child protection and fairness to employees accused of serious misconduct. This article explores a case involving a male teacher in NSW who was dismissed for alleged sexual misconduct involving a student. CER can assist with advice and representation.

Learn how to navigate difficult conversations and provide constructive feedback in the workplace to avoid negative consequences such as resentment, low morale and decreased productivity. Reframing difficult conversations as constructive conversations promotes curiosity, understanding and resolution. Creating a psychologically safe workplace environment, characterised by warmth, vulnerability and open dialogue, fosters confidence and enhances communication skills, leading to a more productive and engaged team.

Employers will have new obligations and requirements from June 6 2023, regarding requests for flexible working arrangements and unpaid parental leave extensions, necessitating a review of current practices, discussions with employees, consideration of alternative changes and update to current procedures. Please seek guidance to ensure compliance with the new obligations.

There are amendments to flexible working arrangements and unpaid parental leave extensions, which will come into effect on 6 June 2023. Employers must be aware of their new obligations and requirements and take action to review and update their practices and policies to ensure compliance with the amendments. This article details the actions that employers should take to prepare for the new requirements.

In this article recent decisions relating to ‘shift-work’ are explored emphasising the importance for employers to accurately evaluate what constitutes 'time worked' to avoid potential legal disputes and underpayment claims. It provides practical tips for employers to ensure compliance with pay-related obligations and provides guidance on determining whether pre-work activities should be considered 'work' and thus require payment.

The Full Federal Court of Australia has made a significant decision regarding the right of employers to require their employees to work on public holidays. The court ruled that employers are not allowed to direct employees to work on public holidays but must instead make a reasonable request and consider the factors listed in Section 114(4) of the Fair Work Act. This decision may cause difficulties for employers who rely on rostering in advance, particularly those covered by the Social, Community, Home Care and Disability Services Industry Award 2010.

The changes introduced by the Fair Work Amendments, which we will cover in this update, include provisions to:

• Sexual harassment

• Anti-discrimination and special measures

• Equal remuneration

The changes introduced by the Fair Work Amendments, which we will cover in this update, include provisions to:

• Industrial action

• Single interest employer bargaining stream

• Supported bargaining stream

The changes introduced by the Fair Work Amendments, which we will cover in this update, include provisions to:

• Initiating bargaining – the changes introduced that allow unions to initiate bargaining

• Termination of enterprise agreements after nominal expiry date

• Dealing with errors in enterprise agreements