The Fair Work Commission has published its first decision relative to a claim using the new anti-sexual harassment jurisdiction, in a judgment delivered on 24 December 2021. The Applicant, THDL, sought an order against two employees of a neighbouring company which conducted its business in shared accommodation, in the same...
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On Monday evening SA Health announced a vaccination mandate for passenger transport services operating from the airport. From 25 November 2021, all ‘point to point drivers’ (for example, drivers of taxis or ride-share vehicles) must not transport passengers to or from an airport unless they have had at least one...
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The Fair Work Commission and Federal Court of Australia have both refused to give an order to block a vaccine mandate while proceedings surrounding the lawfulness of the mandate take place, in two different proceedings currently underway. CFMMEU v Mt Arther Coal Pty Ltd T/A Mr Arthur Coal Last month,...
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COVID-19 vaccines will now be mandatory for those working in chiropractic therapy, osteopathy, disability support and in-home care, after two new directions were issued by the Commissioner of Police yesterday. Chiropractors and Osteotherapists will need to be vaccinated against COVID-19 (or be booked in for their second dose) by 6 December...
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The Fair Work Commission will start hearing Applications for an Order to Stop Sexual Harassment from 11 November 2021, in accordance with the Respect@Work legislation passed back in September (read our previous alert here). Created as an extension of the existing anti-bullying orders, workers who have experienced workplace sexual harassment can...
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The Fair Work Commission has held that the management of a flight attendant who failed to follow a mask mandate was lawful, in the landmark decision of Watson v National Jet Systems Ltd [2021] FWC 6182. Ms Watson, who was employed by Qantas, sought a medical exemption after Qantas introduced a mask...
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The Federal Court has ordered two companies pay a combined $29,000 in penalties after it was found they refused to hire a prospective employee because of his age. Corestaff Pty Ltd, a labour hire and recruitment agency, were engaged by Gumala Enterprises Pty Ltd, a civil construction company, to provide...
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The National Employment Standards (NES) in the Fair Work Act 2009 (Cth) (Act) were amended with effect from 27 March 2021, placing obligations on employers to: Provide casual employees with the Casual Employment Information Statement (‘CEIS’) available here; Offer eligible casual employees with an opportunity to convert to full-time or...
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The Senate passed the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 last night, which supports amendments to the Fair Work Act 2009 and Sex Discrimination Act to combat workplace sexual harassment. More information as to the proposed legislation can be found in our previous legal alert...
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The High Court has today overturned the Federal Court ruling that an employee was entitled to paid leave while engaged as a casual on a series of consecutive contracts (see previous alert). In the 47-page judgment, the High Court defined a casual employee as one who has “no firm advance...
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