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Fair Work Legislation Amendment - update #1

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

  • Abolition of the Australian Building and Construction Commission (ABCC) and Registered Organisations Commission (ROC)

  • Prohibition on pay secrecy

  • Prohibition on advertising contravening pay rates

  • Sunsetting ‘zombie’ agreements

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Time to update your workplace policies

A timely reminder to update your workplace policies. Attention Employers: Fair Work Act amendments – update your policies and WHS risk management frameworks

As you may be aware, the recent Fair Work Act amendments require employers to address and manage risks in several areas affecting their employees.

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Flexible working requests - reasonable business grounds objection

When considering flexible work requests employers should consider key factors and ensure that they are complying with relevant laws and regulations. By considering these factors, employers can evaluate flexible work requests and make informed decisions that benefit both the employee and the organisation.

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When is an overtime request considered unreasonable?

Employers are responsible for ensuring that the overtime they request is reasonable and that employees are not being asked to work excessive or unreasonable hours. If you are concerned that the overtime you are asking your employees to work is unreasonable or are unsure of award rates, you can seek advice from our expert employment lawyers, contact us.

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Workplace bullying - a case study example

This case serves as a clear message to employers and organisations that an employee who has suffered psychological injury from bullying and harassment, can recover Fair Work compensation in addition to damages for psychological and or physical injuries.

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Managing psychosocial hazards in the workplace

The recent amendment made to the Work Health and Safety Regulation 2017 (NSW) by the Work Health and Safety Amendment Regulation 2022 (NSW) imposes an explicit obligation on persons conducting a business or undertaking (PCBUs) to manage and control psychosocial risks in the workplace, from 1 October 2022.

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Family Domestic Violence leave request update

Employers need to be mindful of any Enterprise Agreement provisions regarding family and domestic violence leave which may conflict with the new NES entitlement, and ensure they provide their employees with 10 days paid family and domestic violence leave as needed.

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Hints & Tips – Managing ill & injured Workers

Managing workers who are suffering from a non-work related injury or illness can be one of the more complex areas of employee management. When deciding what steps to take, consideration needs to be given to requirements under discrimination law, unfair dismissal and adverse action risks and work, health and safety obligations.

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Meet with CER

Find out when you can meet with CER face-to-face, as Ian Yard-Smith and Chris Owens attend conferences in various locations Australia wide. We are taking this valued, and long-awaited opportunity to meet with you to discuss how we can help your organisation with your employment relations needs.

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Deductions for insufficient notice

A notice period is an important time at the end of a person’s employment. Unfortunately, sometimes employees leave without giving any notice or don’t work out their whole notice period. The FAQs in this article answer the enquiries we commonly receive when this occurs.

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Understanding a stand down

A stand down takes place when an employer stops an employee from working without pay, for a reason that is outside of the employer’s control. We explore situations that employers can face when determining appropriate circumstances for standing down employees.

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