HR Law

The Fair Work Commission has today released its draft right to disconnect term. The draft provision can be found in Appendix A of Justice Hatcher's Statement of 11 July 2024, as linked below. Interested parties are invited to comment on the draft term by 12 noon (AEST) on Thursday, 1 August 2024. Comments should be emailed to awards@fwc.gov.au and will be published on the Commission's website. The Commission is also required to make written guidelines around the operation of the right to disconnect provision, however, it is unlikely these will be published until after 26 August 2024.

The Queensland Government has recently introduced the Respect at Work and Other Matters Amendment Bill 2024. If the Bill passes, further protected attributes will be included in the Queensland Anti-Discrimination Act 1991 (Cth) (“the Act”) as follows: - potential pregnancy; - family, carer or kinship responsibilities; - subjection to domestic or family violence; - homelessness; - physical appearance; - expunged conviction; - irrelevant criminal record; - irrelevant medical record. To access the Bill, click the link below.

On 1 July 2024, the Fair Work Commission (“FWC”) made its first “same-job, same-pay” ruling. As a result, approximately 300 labour hire workers employed by Workpac at Batchfire Callide coal mine are expected to receive a pay increase each of up to $20,000 later this year. The Mining and Energy Union lodged the application under section 306E of the Fair Work Act 2009 (Cth) (“FW Act”) for a regulated labour hire agreement order, which was not opposed by Batchfire (the host mining company) or Workpac (the mining labour hire business). The Full Bench considered that the Batchfire and Workpac employees were essentially indistinguishable as they both: ·       worked side-by-side on the same rosters; ·       attended the same pre-start meetings; ·       were allocated the same work and equipment; ·       perform the same production work; ·       wore the same Batchfire uniforms; ·       were required to comply with Batchfire’s instructions; ·       underwent the same Batchfire conducted site inductions during onboarding . Under section 306F(2) of the FW Act, where a regulated labour hire arrangement order is in force, an employer must pay its regulated employees no less than the ‘protected rate of pay’ for the employee in connection with the work performed by the employee for the regulated host. The Full Bench has issued a draft order, providing the parties with an opportunity to provide comments before finalisation. To read more about this case, click here: https://lnkd.in/gQpt8k3U 

Do you subscribe to our newsletter?  This month, we discuss some changes set to take effect in the new financial year. We also discuss a recent case, in which an employer was fined 17,000.00 plus damages for delaying payment of a terminated employee’s accrued annual leave. Click on the link below.

From 1 July 2024: - the high income threshold in unfair dismissal cases will increase to $175,000.00 (currently $167,500.00); and - the compensation limit will increase to $87,500.00 for dismissals occurring on or after 1 July 2024 (currently $83,750.00). Further, from 1 July 2024, the application fee for filing various claims will increase to $87.20. The fee applies to applications relating to dismissal, general protections, bullying and sexual harassment at work applications made under sections 365, 372, 394, 773 and 789FC of the Fair Work Act 2009 (Cth). There is, however, no fee to make an application to deal with a sexual harassment dispute under section 527F of the Fair Work Act 2009 (Cth).

A reminder that from 1 July 2024, enterprise agreements must include a delegate rights term. This term provides for the exercise of the rights of workplace delegates. What does this mean for employers? Where employees are asked to vote on an enterprise agreement on or after 1 July 2024, all enterprise agreements must include a delegates’ rights term. If the agreement does not include a delegate rights’ term, the delegates’ rights term set out in the relevant modern award will be included.  

The NSW Parliament has passed Work Health and Safety Amendment (Industrial Manslaughter) Act 2024, which provides an industrial manslaughter offence punishable by imprisonment of up to 25 years for individuals and fines for companies of up to $20 million. These are currently the largest penalties for industrial manslaughter across Australia. To view the Bill, click on the link below. https://lnkd.in/g59K6DnN

Are you ready for an exciting career change? HR Law is on the lookout for a Senior Secretary/Office Manager to join our team.  This role will play an integral part in supporting a number of Lawyers in providing high-end legal services to our clients. This role is a busy role that will see you as the go-to person, your duties will include but will not be limited to: - Typing dictations including advices, reports, transcripts, client communications etc.  - Preparing affidavits, briefs and other court related documentation - Exceptional time management and organisational skills - Client management including billing - Diary and travel management/arrangements - Reception cover - Management of the small administration team including workflow - All other general secretarial duties If you are interested, click on the link below.

We are thrilled to introduce Sewar Mitanis as the newest Partner at HR Law. Sewar brings over 18 years of extensive experience, specialising in Employment, Workplace/Industrial Relations and Enterprise Bargaining. Sewar has developed an in-depth knowledge and understanding of Federal and Queensland law, which allows her to provide considered, tailored and practical solution to the wide range of her clients. Following being admitted to the Bar of Lawyers in 2004 in her home country, Sewar migrated to Australia in 2006 and was then admitted as a Solicitor of the Supreme Court of Queensland in 2010. She has developed a strong passion for her areas of practice through working in public and private sectors, as well as the Queensland Industrial Relations Commission and the Industrial Court of Queensland. We are excited about the future and the positive impact Sewar will undoubtedly bring to our clients and our firm! To get in contact with Sewar, you can contact her on S.Mitanis@hrlaw.com.au or 0447 725 411.

When terminating an employee's employment, it is essential the employee is paid out, among other entitlements: - outstanding wages; - outstanding accrued leave entitlements including annual leave and long service leave; - notice (if paid in lieu). In the recent case of Dorsch v HEAD Oceania Pty Ltd (Penalty) [2024] FCA 484, the Federal Court fined an employer $17,000.00 plus damages for delaying payment of a terminated employee’s accrued annual leave. In this case, the employer failed to pay the employee's outstanding accrued annual leave balance until three months after the termination in contravention of section 90(2) of the Fair Work Act 2009 (Cth). To read the case, click on the link below: https://lnkd.in/gQVYsCRf