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Representation & Compliance

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Representation & Compliance

December 20, 2023

prathnaa-haripersad

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.

October 30, 2023

charles-lentini

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.

October 12, 2023

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.

October 9, 2023

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.

September 12, 2023

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.

charles-lentini

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.

charles-lentini

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.

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.

charles-lentini

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

charles-lentini

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.

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