In November 2020, the Health Services Union (HSU) initiated a landmark work value case with the Fair Work Commission (FWC), advocating for a 25% wage increase across all roles in the aged care sector. This case encompassed three critical applications targeting adjustments to minimum wages outlined in:  The Aged Care Award 2010;   The Nurses Award 2020; and  The Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award).   On March 15, 2024, the Fair Work Commission delivered a historic decision, resulting in a substantial pay incre ..read more

Ever found yourself in a workplace where no one wants to talk about the elephant in the room? Those tough chats about performance that everyone dodges until the last minute? Ever wondered how that kind of environment messes with the team’s vibe and productivity? Let’s find out why managing performance is more than just hitting targets—rather, keeping our minds in the game too. WHAT IS A PERFORMANCE MANAGEMENT SYSTEM A performance management system is a structured process designed to monitor, evaluate, and enhance individual and organisational performance. It involves setting clear goals and o ..read more

Victoria’s WorkCover scheme is undergoing significant changes that will impact employees’ compensation for mental health injuries like stress and burnout. These reforms, long-awaited by employers, introduce stricter eligibility requirements for mental injuries. Stress and burnout claims will generally be excluded from weekly compensation, with only mental injuries diagnosed by a medical practitioner according to the most recent version of the “Diagnostic and Statistical Manual of Mental Disorders” being compensable if they cause significant dysfunction.  One of the key changes is that e ..read more

In today’s rapidly changing work environment, where flexibility and work-life balance are commonplace discussion topics, a recent decision by the Fair Work Commission (FWC) brings to the forefront a compelling case between Melbourne Apprentice Group (MAG) and its then operations manager, Katrina Sayce.   This case not only illuminates the legalities of flexible work arrangements but also touches on the broader conversation about the shifting landscape of employment practices and the delicate interplay between maintaining business operations and supporting employee needs.  Wh ..read more

In December 2023, Australian employers witnessed a significant legislative overhaul with the enforcement of the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) (FW CL Act). This landmark legislation brought forth substantial amendments, particularly concerning the rights and protections of union delegates.   What Is A Union Delegate?  Historically, workplace union delegates have played a pivotal role within the labour movement, acting as the ‘go between’ between the ‘shop floor (the workforce) and union officials. Employed by the employer but largely serv ..read more

In the whirlwind of recent years, the business landscape has undergone various transformations that has left many seasoned business professionals grappling with a new reality. Since the onset of the COVID-19 pandemic, we’ve witnessed an unprecedented level of uncertainty and upheaval that has reshaped industries, consumer behaviours, and operational norms across the globe. The pandemic served as a catalyst for change, accelerating trends that were already in motion and introducing new ones that have since become central to our daily lives.  In the face of such a dynamic and rapidly evol ..read more

Adverse action has been a recent hot search topic...but what is it exactly? Adverse action in employment usually refers to specific actions taken by an employer against an employee that negatively impacts the employee. The Fair Work Act 2009 (FW Act) prohibits a person from taking adverse action against another person because that person:  has a workplace right  has or has not used a workplace right  proposes to, or proposes not to, use a workplace right  does or does not belong to a trade union  engages or does not engage in industrial activity (as set out previ ..read more

"All I want for Christmas...is a safe & happy workplace!' It’s the most wonderful time of the year again! Mariah Carey and Michael Bublé are now on repeat in every shopping centre around the country, which means it’s also time for us to drop the newest remix of our Riskmas series. Last year’s Riskmas blog covered some basic considerations for employers during the holiday season, and we’ve extended the list this year with some more food (plum pudding anyone?!) for thought!   Fair Allocation of Holiday Shifts The holiday season often requires a different approach to staffin ..read more

Following the introduction of the Respect at Work reforms last year, employers will now have a positive obligation to take reasonable and proportionate measures to eliminate, as far as possible, unlawful sex discrimination including sexual harassment, sex-based harassment, hostile working environments and victimisation. From 12 December 2023, the Australian Human Rights Commission (AHRC) will be granted power to investigate noncompliance with this new positive duty with powers to issue compliance notices, make applications to federal courts for compliance orders and to enter into enforcea ..read more

As National Mental Health Month draws to a close, it is important we continue to raise awareness and reduce the stigma around mental health.   Significant numbers of people in the workplace are suffering with their mental health and wellbeing. On average, a person will spend approximately 30% of their life working. With this in mind, a job can have a huge impact on the quality of someone’s life. It is safe to say, a toxic workplace can impact significantly on the mental health of your employees.  The number of psychological injuries at work has increased steadily over recent yea ..read more