A matter before the Federal Circuit Court is set to test the provisions that prohibit pay secrecy. The applicant in the case was employed as a casual sales assistant in a Melbourne bookshop. The applicant has claimed her former employer stopped giving her shifts and dismissed […]

The Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 (the Act)received Royal Assent on 30 June 2023.  It contains a series of amendments to the Fair Work Act 2009 (FW Act) further to the changes from the Secure Jobs Better Pay Act, to provide stronger […]

On 2 June 2023, the Full Bench of the Fair Work Commission handed down its annual wage decision, which is a yearly review of the National Minimum Wage order and minimum wages in modern awards. The Commission held that rates of pay under all modern awards […]

As outlined in our 29 November 2022 and 9 December 2022 Legal Alerts, changes to the Fair Work Act 2009 (Cth) (FW Act) introduced prohibitions regarding pay secrecy clauses, and created new workplace rights to allow employees to disclose their remuneration and other conditions. Further significant changes concerning this right come into effect from 7 June 2023. […]

As outlined in our 15 February 2023 Legal Alert, an employer covered by a ‘zombie’ agreement must, before 7 June 2023, give employees covered by a ‘zombie’ agreement written notice advising: That the employee is covered by that agreement; and That the agreement will terminate unless an application […]

The Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Act 2023 (Closing the Gender Pay Gap Act) received Royal Assent on 11 April 2023, as a further step to implement a recommendation of the 2021 review of the Workplace Gender Equality Act 2012 (Cth) (WGE Act). The amendment follows the recent legislative […]

Construction Forestry, Maritime, Mining and Energy Union v BM Alliance Coal Operations Pty Ltd [2023] FCA 30 The Workpac employee, contracted to work at BHP’s Daunia Coal Mine (Mine), alleged that BHP took adverse action against him when it excluded him from the Mine because he had […]

Last month amendments were made to the Paid Parental Leave Act that increased the amount of time parents can claim as paid parental leave and removed restrictions which previously limited the accessibility of paid leave to both parents. You can read our article on these related […]

The amendments to the Fair Work Act 2009 (the Act), introduced as part of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Secure Jobs, Better Pay Act) (SJBP Act), include new provisions that prohibit sexual harassment in connection with the workplace and expand the Fair Work Commission’s […]

The Fair Work Commission (FWC) has proposed changes to the Professional Employees Award 2020 (Award). The proposed changes impose new obligations on employers to pay ‘overtime’ and penalty rates to employees, clarifies the coverage of the Award and imposes record-keeping obligations in respect of hours worked. Award Coverage  Currently, the […]