At Work e'Newsletter May / June 2011
Tuesday, 31 May 2011
Welcome to the May / June 2011 edition of At Work, the HWL Ebsworth Workplace Relations and Safety practice group e’Newsletter.
At Work provides you with timely, practical and meaningful updates on pertinent issues in the ever-changing landscape of employment law and industrial relations.
We trust that you find the information in this edition of At Work useful.
Breaking news - Union prosecutions to stay in NSW
An alliance of the ALP, Greens, Shooters and Fishers Party has been successful in retaining the ability for unions to bring prosecutions in NSW for the two most series categories of OHS offences. This is a major success for the union movement in NSW.
Prior to the passing of the amendments, unions in NSW operating under the new model national OHS laws (which are due to come into effect from 1 January 2012) would have been required to lobby WorkCover and seek non-binding recommendations from the Director of Public Prosecutions for a review of WorkCover's decision not to prosecute.
Following the passing of the amendments, unions in NSW will retain the ability to bring prosecutions against alleged OHS offenders in relation to the two most serious category 1 and category 2 OHS offences, provided that the DPP decides the case has merit and WorkCover does not act.
In addition, amendments to the Occupational Health and Safety Act 2000 removing the reverse onus of proof and introducing the proactive duty of officers to exercise due diligence will come into effect prior to the commencement of the harmonised legislation.
If you wish to discuss how this important development may affect your business and how HWL Ebsworth may be of assistance, do not hesitate to contact a member of our practice group at the details at the bottom of this email.
In this edition of At Work, you’ll find the following:
1. Unpacking the Fair Work Act
Professor Emeritus Ron McCallum, Consultant with HWL Ebsworth, outlines the genesis of the Fair Work Act in the Australian IR context. In this piece, Professor McCallum also conceptualises the Act’s various components, and gives his predictions for where we might be headed next in Australian labour law.
To read full article click here.
2. OHS harmonisation
Michael Connolly, Partner, sets out some key concepts of a harmonised OHS Model law including the old but formerly fragmented concepts of primary duty and business or undertaking, and the new definition of “worker”. The piece also examines the old concept (but new application) of the due diligence exercise, the now-consistent union right of entry rules and finally, the categories of penalties and alternative enforcement.
To read full article click here.
3. Fair Work Act Compliance; Risks & Opportunities for Business
Steven Penning, Partner, outlines some important compliance issues and risks that have arisen from the Fair Work Act in its operation to date. The piece also examines what your business might expect from a Fair Work Ombudsman compliance audit.
To read full article click here.
4. General Protections and Adverse Action
Jamie Robinson, Partner, answers some questions surrounding how the General Protections and Adverse Action provisions under the Fair Work Act might be used. The piece also provides some practical suggestions on how employers may limit exposure.
To read PowerPoint presentation click here.
5. Discrimination, Bullying and Harrassment in the Workplace
Tony Lawrence, Partner, outlines the legislative framework regulating behaviour in the workplace at both the state and federal level, explains the key employee rights and employer liabilities. The piece also illustrates (with case examples) pre-emptive and post-complaint risk management strategies.
To read PowerPoint presentation click here.
6. Hiring and Firing in a Small Business
Steven Penning, Partner, provides small business with a comprehensive overview of the issues, pitfalls and procedures prevalent in the world of employment. This presentation also examines the impact of post-employment restraints and confidential information in the small business context.
To read PowerPoint presentation click here.
7. Checklist for Termination of Employment
Access to termination of employment remedies has been made easier under Fair Work. This checklist provides a useful and practical guide for those planning or considering termination of the employment relationship.
To read the checklist click here.
8. When is a casual not a casual?
In this piece, we answer the often-asked question of when a ‘casual’ employee is correctly classified. The article also reminds employers of the risks associated with incorrect classification of “casual” employees.
To read full article click here.
9. Entitlement to Carer's Leave
The final piece in this edition of At Work examines the issue of carer's leave under the Fair Work Act. The article looks as when this entitlement can be validly used by employees, and what constitutes an "immediate family" and a "household" for the purposes of this entitlement.
To read full article click here.
How HWL Ebsworth can help
HWL Ebsworth’s Workplace Relations and Safety practice group is focused on achieving results that reflect the business needs and strategic goals of our clients. We understand that in the workplace, the right outcomes require more than just strict ‘legal’ advice. We see ourselves as partnering our clients in achieving legal compliance, strong business performance and the fostering or harmonious workplace relationships.
If we can be of assistance in relation to the content of this e’Newsletter, or in relation to any other workplace relations or safety matter, please do not hesitate to contact a member of our team at the details below.
Please forward this e’Newsletter to anyone who you believe may be interested in its content. If you, or anyone else, is interested in receiving further information regarding our upcoming publications and seminars do not hesitate to contact a member of our team at the details below.
Our Products and Services
Click here to see details of our Beyond Compliance package, HWL Ebsworth’s comprehensive, pro-active and practical solution to your business’ employment law and industrial relations needs.
Click here to see details of My Workplace, an interactive seminar, delivered at your workplace, that explores workplace rights and importantly, educates your employees in respect of their responsibilities for workplace behaviour.
For further information please contact:
Important disclaimer: The material contained in this publication is of a general nature only and is based on the law as at 31 May 2011. It is not, nor is intended to be, legal advice. If you wish to take any action based on the content of this publication we recommend that you seek professional advice.
For information on our Workplace Relations & Safety Group click here.
|
Connecting to Facebook