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Urgent action required: Deadline fast approaching for Zombie Agreements

6 June 2023 is the last date for employers to communicate to affected employees about the Federal Government's announcement that Zombie Agreements will cease to operate from 6 December 2023. Here is our essential last-minute guide for employers to comply with the recent IR legislation changes.

Better off Overall | Changes to BOOT

Changes to the Better off Overall Test (‘BOOT’) will commence on 6 June 2023 and are designed to simplify the operation of BOOT while continuing to maintain employee protections. It is important employers are prepared for the changes to enterprise bargaining laws when developing and implementing a new enterprise agreement.

FAQ | Migration Matters

While there will be multiple changes made to the skilled migration program prior to the end of 2023, one of the imminent confirmed changes relates to an increase in the minimum salary level for the Subclass 482 and 186 visas, effective from 1 July this year. Our Frequently Asked Question (FAQs) provide some further clarification on both changes.

Workplace conduct training – good-bye to the tick and flick?

The Respect@Work website provides guidance for employers on “good practice” for the delivery of sexual harassment training. It highlights that training should be immersive and interactive and lead by instructors with expertise. If you have been relying on self-paced online training modules to educate your staff about respectful workplaces, it is time to consider a more effective approach to protect you and your employees.

Invest in Development and Coaching and Save on Investigations

We regularly see the consequences of leaders failing to take timely action, to address poor behaviour or performance, to initiate an investigation at the right time, or to identify and address the effects of psychosocial hazards early. It can lead to a toxic work culture, low morale, subpar business results, and even costly legal disputes. That is why it's crucial for organisations to equip their leaders with the right tools and knowledge to lead well.

Migration Reforms May 2023

Late last week Minister Clare O’Neil gave an address to the National Press Club, outlining the Government’s proposed changes to Australia’s skilled migration framework. The proposed changes will represent a once in a decade overhaul of a migration system that is currently failing to deliver for Australia and its skilled migrants.

Can our business afford a coach? Can your business afford not to engage one?

Leadership is a critical element in the success of any business. However, being a great leader doesn't come naturally to everyone. It takes effort, skill, and continuous learning to lead effectively. One way to improve leadership skills is by investing in a coach. Coaching is not just about developing relationships, it is about improving business performance.

“You’re Dead to Me!” – The Termination of Zombie Agreements & What You Need to Know

In December 2022, The Federal Parliament instigated a wave in Australia’s industrial relations reforms when they passed the Secure Jobs, Better Pay Amendment Act 2022. A key aspect of the reforms includes the termination of the ‘zombie’ agreements, demanding action from affected employers before 6 June 2023.

Employers’ assumptions that employees can be required to work on a public holiday overturned

A recent Full Federal Court decision effectively overturns employers’ assumptions about their rights to require an employee to work on a public holiday. Employers can no longer solely rely on their contracts, agreements, the modern award or published rosters to require employees to work a public holiday, they will now be required to request employees work the public holiday, and ensure that their request is reasonable.

Show Me the Money

Recent charges against The Macedon Lounge for alleged wage theft are causing a buzz in the employment consultancy industry. The first criminal prosecution of its kind in Australia, begs employers across the country to pay attention and has raised important questions about employment law in Australia.

New Bargaining Request for Single Enterprise Agreements

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) amended the Fair Work Act 2009 (Cth) to introduce a range of changes to enterprise bargaining laws. One of the key changes, which commenced in December 2022, is the ability of a bargaining representative to make a written bargaining request for a proposed single enterprise agreement.

International Women’s Day

The 2023 International Women's Day theme was #EmbraceEquity. This year, we celebrated some of the women and men in leadership from across our Mapien network, who embrace equity and inclusion, and who are strong advocates for women and closing the gender gap.

February 21, 2023

Trauma Informed Approach to Workplace Investigations

The use of a trauma-informed approach to workplace investigations is necessary when interviewing people that have experienced trauma. Trauma may be experienced from a range of distressing events. When conducting interviews, the Investigator must be mindful of the effects that trauma has on a person’s memory and their ability to participate in the interview process.

February 3, 2023

What you need to know about the new paid family and domestic violence leave entitlement

On 1 February 2023, most employees became entitled to 10 days of paid family and domestic violence leave each year under the National Employment Standards (NES). For employees engaged by a small business employer, this entitlement will come into effect on 1 August 2023.

January 25, 2023

What to do when the union comes knocking…

Do you understand your role and obligations when the union knocks at your door? This article guides employers from an Industrial Law perspective to ensure a successful right of entry process.

January 24, 2023

Immigration Update January 2023

It is no surprise that 90% of businesses expect to be affected by the staffing shortages in 2023. We continue to hear from clients across a broad range of industry sectors that they are struggling to fill their vacancies. The Australian Government is focusing on improving the temporary and permanent skilled migration programs in support of industry and reduce the impacts COVID-19 had on skilled migration programs. Here are some immigration updates from the last few months.

January 18, 2023

No Annual Leave for You!

In a recent matter before the Fair Work Commission, the question of whether an employer can reject a request from an employee to take Annual Leave has been addressed. Ultimately, an employer can say ‘No Annual Leave for You’, but there should definitely be some genuine business and operational reasons behind this.

January 12, 2023

Respect@Work | Four steps to prioritise in 2023

The Respect at Work Bill 2022 passed both Houses of Parliament in November. The legislation enacts several of the recommendations from 2020 Respect@Work Report. This article outlines the most significant amendments to the legislation & recommends four steps employers should prioritise in 2023.

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