One of the few constants in life and business is change. Come 1 January 2025, a significant shift will take place for national system employers when criminal wage theft provisions come into effect because of changes in the Closing Loopholes Reforms. But what does “wage theft” mean, and in what circumstances will criminal prosecution occur? In this …

February 2024 has been a big month for legislative change, particularly in the contentious arena of industrial relations. Seemingly out of nowhere, the Government announced it had done a deal on the remaining areas of proposed reform that did not make it into the Closing Loopholes Act 2023. Adding to the surprise, the Closing Loopholes No. 2 Bill c…

Following the 2018 Boland Review into the model Work Health and Safety provisions, workplace psychosocial safety has squarely been on the policy agenda. Combined with recent changes as a result of the Respect@Work Report, the clear policy position, and expectation of society, is one of employers taking responsibility and being accountable for havin…

The recent High Court decision in Qantas v TWU [2023] HCA 27 focussed on the question of how the general protections in the Fair Work Act 2009 (Cth) work in circumstances where employees did not presently have particular workplace rights (in that case the right to take industrial action), but would have those rights in the future if not for the adv…

In comments to the National Press Club on 31 August 2023, Industrial Relations Minister Tony Burke said that the Closing Loopholes Bill will address four key “pillars”: wage theft, casual conversion, labour hire, and “employee-like workers”, and that the Bill would not “reach into every workplace”. While the Bill certainly deals with those four mat…

Industrial manslaughter may soon be an offence in almost all Australian jurisdictions. Recent amendments in certain jurisdictions have also introduced the recommendation of the 2019 Boland Review to prohibit insurance and indemnities for WHS penalties. In this episode of Employment Law for the Time Poor, join Emily Haar, Partner, and Joseph Hyde, A…

International Women’s Day is observed internationally in March. In this episode of Employment Law for the Time Poor, join Professor Andrew Stewart, Consultant, and Emily Haar, Partner as they discuss recent amendments to federal legislation designed to address pay equity for women, including the Secure Jobs, Better Pay Act and the recently passed C…

Organisations have legal obligations to consult with their staff in particular situations. But what does that actually mean? In this episode of Employment Law for the Time Poor, join Emily Haar, Partner and Emily Slaytor, Special Counsel in a discussion around the requirements to consult flowing from work health and safety legislation, Awards and E…

It’s summertime in Australia and things are winding down, right? Perhaps not! In this episode of Employment Law for the Time Poor join the National Employment Relations team for a review of what was in 2022, and what may be to come in 2023, including: the Secure Jobs, Better Pay Act; the Respect@Work reforms; the prohibition of pay secrecy; Fair Wo…

Following our last discussion, in this edition Employment Law for the Time Poor, join Professor Andrew Stewart, Consultant, and Emily Haar (Partner), as they discuss some of the additional changes arising from the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, and how the changes will impact organisations. In particular, they d…

In this special bumper-edition of Employment Law for the Time Poor, join Professor Andrew Stewart, Consultant, and Emily Haar (Partner), as they discuss some of the key proposals arising from the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022, and how the changes, if passed, will impact organisations in every industry. The Bill…

In part two of our two-part special series of Piper Alderman’s Employment Law for the Time Poor Podcast, join Emily Haar and Joe Murphy, Partners, and Emily Slaytor, Special Counsel, for a discussion about the Respect@Work legislative amendments to the legislation introduced to Parliament quite recently.…

In this first part of a two-part special series of Piper Alderman’s Employment Law for the Time Poor Podcast, join Emily Haar, Partner, and Mark Caile, for a discussion about the Respect@Work Report from 2020, which ultimately led to a number of amendments to the Sex Discrimination Act which commenced in late 2021, and further proposed amendments t…

In Episode 25 of our Employment Law for the Time Poor Podcast, Emily Haar, Partner, and Zoe McQuillan, Special Counsel, discuss the general protections under the Fair Work Act 2009 (Cth) – what are they, what does it mean to make a “complaint or inquiry in relation to your employment”, and what are the reasons for a decision when there are multiple…

In Episode 24 of our Employment Law for the Time Poor Podcast, join Emily Haar and Professor Andrew Stewart for a discussion on the implications of the High Court’s decisions in Jamsek and Personnel Contracting, which have adjusted the way in which the “multi-factor test” for considering whether a worker is an employee or independent contractor is …

In Episode 23 of our Employment Law for the Time Poor Podcast, join Partner Emily Haar and Special Counsel Emily Slaytor for a catch up on the recent decisions of the Fair Work Commission relating to COVID-19 vaccination, which provide assistance for employers looking to implement their own policies (consultation is the top priority), or where havi…

In Episode 22 of our Employment Law for the Time Poor Podcast, Partners Tim Lange and Joe Murphy discuss with Emily Haar what steps an employer can take in both implementing government mandates and internal policies, and also how to manage the scenario when an employee does not comply.

In episode 21 of our Employment Law for the Time Poor Podcast, Partner Ben Motro and Senior Associate Emily Haar as part of this financial year’s launch of the Employment Relations Masterclass Training Series, discuss some of the tips they have picked up along the way in both conducting and advising on workplace investigations.…

In episode 20 of our Employment Law for the Time Poor Podcast, Professor Andrew Stewart and Senior Associate Emily Haar discuss the High Court’s recent decision in WorkPac v Rossato. The ruling sheds important light not just on who can be classed as a casual employee, but on how other disputes about work status should be resolved. That may have imp…

In episode 19 of our Employment Law for the Time Poor Podcast, Partner Erin McCarthy, and Senior Associate Emily Haar, as they discuss how the Fair Work Commission decision in Lee v Superior Wood turned employers’ understanding of the “employee records exemption” to the Privacy Act 1988 (Cth) on its head, and what the legal requirements are for col…

In Episode 18 of our Employment Law for the Time Poor Podcast, Partner Erin McCarthy, and Senior Associate Emily Haar, as they discuss three recent Fair Work Commission cases that deal with mandatory influenza vaccination policies. Recent decisions give some insight into what the Courts and Tribunals may take into account when the first COVID-19 va…

In Episode 17 of our Employment Law for the Time Poor Podcast, Partner Tim Lange, and Senior Associate Emily Haar, work through current employer exposure to civil and criminal liability for underpayments, including through the civil remedy provisions of the Fair Work Act 2009 (Cth), as well as new and proposed criminal provisions relating to “wage …

In episode 16 of our Employment Law for the Time Poor Podcast, join Professor Andrew Stewart, Partner Tim Lange, and Senior Associate Emily Haar, unpack some of the proposals in the Bill, including a legislated definition of casual employment, Award changes on the horizon, as well as adjustments to Enterprise Agreement making and approvals.…

In Episode 15 of our Employment Law for the Time Poor podcast, Emily Haar and Hannah Linossier discuss what organisations need to think about if they are considering making working from home a more permanent feature of their “COVID-normal” workplace, including work health and safety considerations, contractual requirements, and how a remote workfor…

In Episode 14 of our Employment Law for the Time Poor podcast, Professor Andrew Stewart and Emily Haar build on their last discussion about what it means to be an employee by considering the so-called “gig economy”, or the use of digital platforms to find and perform work. This is a growing area, which does not just include ride share and food deli…