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In this edition of Workplace Health & Safety Update:
The Productivity Commission has released its draft report on the Australian workplace relations framework. The report is a broad-ranging assessment of Australia's workplace relations (WR) framework, considering current laws, institutions and practices.
Every week, around 12 million Australians go to work in about 2 million workplaces.
2015 is shaping up to be a big year for employers and HR professionals. The first thing that should be on your radar this year is the Fair Work Commission's review of the modern awards. You may want to be involved in this process, or at least keep on top of the developments, as there could be significant changes made to the awards which could impact your business (for example, changes to penalty rates).
In this edition we outline the key developments that have occurred since our July Update. Not surprisingly, the bullying reforms have continued to be the most significant WHS issue in the past quarter. We'll cover the bullying reforms plus; the Northern Territory's first sentence under the harmonised legislation, the ongoing debate about insurance for directors in WHS matters, Western Australia's position on harmonisation, the model Construction Code being re-issued for public comment and the progress of mining WHS harmonisation.
In this second quarterly WHS Update for 2013, we outline the key developments that have occurred since our previous Update in April. While the bullying reforms remain the most significant WHS development in the past quarter, also worth noting are, Queensland's first sentence under the harmonised legislation, the Queensland Court of Appeal's decision in NK Collins, some interesting comments in a South Australian case that have generated debate about insurance for directors in WHS matters and New South Wales passing the harmonised mining legislation.
The tumultuous events of the past few days have overshadowed an important event in Australian workplace relations – the passing by the Senate of the Fair Work Amendment Bill 2013 on Thursday night. Amongst other things, the amended Act contains new anti-bullying laws, introduces new family friendly measures, a right for the Fair Work Commission to arbitrate adverse action claims and changes to the right of entry provisions.
Yesterday, the Federal Opposition Leader, Tony Abbott, announced the Coalition Industrial Relations Policy – releasing a formal policy document entitled The Coalition's Policy to Improve the Fair Work Laws.
Full Bench significantly extends employers' good faith bargaining obligations.
It can be very difficult for an employer to avoid liability for an employee's breach of anti-discrimination legislation. But a recent case brought before the Anti Discrimination Tribunal shows that proactive employers can effectively manage the risks – and is a timely reminder of the importance of regular and appropriate education and training.
We are moving quickly toward the planned implementation date of OHS harmonisation – 1 January 2012 – when a new OHS Act, Regulations and Codes of Practice will commence in each state, territory and the Commonwealth. Our HR&IR Update of 22 June 2011 set out the substantive changes to OHS harmonisation. In this edition we discuss the subsequent developments - we may be on the home stretch to implementation of OHS harmonisation but there is still much to be done.
Are your systems in place?
Workplace Safety
Year in Review 2010
Ulan Full Bench appeal fails: what does reasonable redeployment require?
The transitional arrangements in modern awards, which take effect from today, raise a number of very complex issues for employers.
Fair Work Act - emerging trends and key issues
Award modernisation is gathering pace, as the 1 January 2010 deadline draws closer