Representation & Compliance
Change is Coming – Closing Loopholes Act Now in Effect
The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 is now in force and has introduced changes from 15 December 2023 as well as further changes due to commence in 2024 and 2025. Employers should be aware of these changes and their date of operation.
The Zombie Apocalypse Crusade Continues
With Zombie Agreements automatically terminating on 6 December 2023, employers should be assessing their collective agreements to determine whether an application to extend is viable and, if not, take steps to implement an enterprise agreement (time permitting) or prepare to be subject to one or more applicable modern awards.
Proactive not reactive: Are you fulfilling your positive duty obligations?
Ahead of new regulatory powers of the Australian Human Rights Commission (AHRC) to investigate and enforce compliance with positive duty under the Sex Discrimination Act 1984 that commence on 12th December 2023, the AHRC has released guidelines to help businesses understand their responsibilities and identify and implement any changes they may need to make to meet their legal obligations.
Navigating HR Software Selection
In the diverse landscape of Human Resources Information Systems (HRIS), choosing the right solution for your organisation can be a formidable task. Investing time to understand your pain points, identify essential features, and align your budget with the right pricing structure will set the stage for a successful HRIS selection.
Disability discrimination – can reasonable adjustments be made?
Do you know your legal obligations if an employee has an injury which impacts their ability to work? While employers are generally not liable for injuries sustained by employees that occur outside of work, where an injury impacts on an employee’s ability to work, then an employer is obligated to make reasonable adjustments where possible in order for the employee to be able to perform the inherent requirements of their job.
Resolution of Intractable Bargaining Disputes … with a Catch!!
From 6 June 2023, the Fair Work Commission (FWC) will have enhanced power to determine intractable bargaining disputes. The potential for the FWC to resolve intractable bargaining disputes presents both an opportunity and a risk for employers and in light of this, their bargaining strategies should be reviewed.
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.
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.