Littler (JD Supra Australia)

The spread of the novel coronavirus (COVID-19) across the globe remains a significant concern in the workplace. Employers are confronting difficult questions regarding how to handle safety and health rules, travel restrictions, leave and accommodation, immigration, and other employment issues. 

From October 30, 2019, heavy penalties will apply to labor hire providers who operate without a license and to businesses that use unlicensed labor hire providers in Victoria. Similar schemes apply in Queensland (since 2018) and in South Australia from November 1, 2019.

Minimum Wage Increase - New Legislation Enacted - On July 1, 2019, employees under the national minimum wage and the modern award minimum wage (and in some cases, employees under a registered agreement) are set to receive an increase of 3% from the first payment period on or after that date.

The new Australian Whistleblowing laws passed in Parliament on February 19, 2019, and will likely take effect in the next couple of months (July 2019) after it receives Royal Assent. The aim of the Whistleblower Act is to harmonize various current regimes under the federal law, expand protections and remedies for whistleblowers and create a regime for tax misconducts and contraventions.

In an important update to Australia’s safety laws, the federal government has introduced a definition of “catastrophic injury” in the new Safety, Rehabilitation and Compensation (Catastrophic Injury) Rules 2018 (Rules).

On November 29, 2018, the Australian Government passed the Modern Slavery Act 2018 (the “Act”), which requires all companies operating in Australia and meeting a threshold of AU$100 million in total annual global revenue to report annually on their efforts to address modern slavery in their operations and supply chains.

Important amendments to Victoria’s long service leave (LSL) laws are taking effect on November 1, 2018 (Long Service Leave Act 2018 (2018 Act)).

Company Liable for Contract Worker’s Injuries - Precedential Decision by Judiciary or Regulatory Agency - On September 6, 2018, the NSW Supreme Court held that a company (Company A) that used a contracted labor hire worker was responsible for the worker’s injuries and not the worker’s direct employer (Company B), finding that Company A was negligent and that Company B did not have the...

New South Whales Legislation to Combat Modern Slavery - New Legislation Enacted - On June 21, 2018, the New South Wales Parliament passed the Modern Slavery Act, requiring corporations to make efforts to eradicate modern forms of slavery in their supply chains.

The Australian State of New South Wales (NSW) recently passed the Modern Slavery Bill of 2018 (the “NSW Act”), which requires companies with employees in NSW and with an annual turnover of over AU $50 million to release an annual statement that details the steps taken to ensure their operations and suppliers do not engage in modern slavery.

The Australian Government has announced plans to release draft legislation proposing the introduction of a “modern slavery in supply chains” reporting requirement.

The Australia Fair Work Commission’s minimum wage panel decision issued on June 6, 2017, has increased modern award minimum wages by 3.3%. The decision also lifts the Australian federal weekly full-time minimum wage from $17.70 per hour ($672.70 per week) to $18.29 per hour ($694.90 per week).

In a ruling focused on statutory interpretation, a full federal court bench recently confirmed that employers must pay out employees’ accrued but untaken annual leave upon termination at the rate the employees would have received had they taken such leave while employed. Significantly, this rule applies to payment for overtime, shift allowances, applicable penalty rates, and leave loadings.

Australia's federal government recently introduced the Fairer Paid Parental Leave Bill 2015. If approved, the new law will amend the Paid Parental Leave Act 2010 to redefine the parameters of paid parental leave entitlements.

Australia's Fair Works Commission ("FWC") recently handed down its decision in Keenan v. Leighton Boral Amey Joint Venture. In this case, the FWC defined "place of work" with respect to an employee's off-duty conduct, and found the employee's dismissal was unlawful because the employer had failed to conduct a procedurally fair discipline process.

Australia’s Fair Work Commission (“FWC”), the country's industrial relations tribunal responsible for, among other things, setting and maintaining a safety net of minimum wages and other employment conditions under the Fair Work Act 2009 (Cth), recently handed down its decision in Dart v. Trade Coast Investments Pty Ltd (June 29, 2015). The decision clarifies when personal use of company-supplied

In May 2015, the Abbott Government announced that, as part of its objectives for the Australian federal budget, it will reform the tax residency rules by creating tougher rules and higher income tax bills for the approximate 1.2 million temporary foreign workers who are granted work rights in Australia each year. 

Australia’s national minimum wage and modern award pay rates are set to increase by 2.5% starting July 1, 2015. On June 2, 2015, the Minimum Wage Panel (the Panel) of the Fair Work Commission announced an increase to the minimum rates. The increase will affect over 1.86 million employees in Australia whose salary is at the minimum rate.