Kingston Reid

📢 ALERT: NSW's Industrial Manslaughter Offence to commence on Monday Amendments to NSW’s Work Health and Safety Act 2011 to create an offence of industrial manslaughter (which were passed back in June), will commence next week on Monday, 16 September 2024. With a maximum penalty of imprisonment for 25 years for an individual, or a fine of $20 million for a body corporate, these laws represent the highest maximum WHS penalties in Australia currently. The announcement of the commencement of the NSW industrial manslaughter offence follows the passing in Tasmania of its own industrial manslaughter legislation just yesterday, meaning that all Australian jurisdictions now have in place an industrial manslaughter offence. Partner John Makris and Associate George Stent discuss the changes and their implications for employers in our recent Insight article here: https://lnkd.in/gp-yzJZ4

Two reports published this week have shone a light on the changing nature of part-time work in Australia, and what exactly amounts to ‘decent work’ for Australians. Earlier this week, the Workplace Gender Equality Agency (WGEA) and Bankwest Curtin Economics Centre (BCEC) released their annual Gender Equity Insights 2024 report, which suggests that a rising share of employees are choosing part-time or flexible working arrangements and encourages employers to rethink their approach to offering inclusive and flexible work practices that don’t limit career progression. Separately, another report published by BCEC today outlining analysis of 'decent work' in Australia (based on dimensions such as job security, work conditions, work stress and flexibility), has found that whilst several of those dimensions have improved over time, there is a significant gap in job flexibility between men and women. Noting the Fair Work Commission’s powers to deal with disputes arising from requests for flexible working arrangements, these reports offer a fascinating insight into the working lives of Australians and the evolution of work arrangements, both now and into the future. Links to the reports in the comments below 👇

A recent decision by the Australian Privacy Commissioner has highlighted the need for employers to tread carefully whenever they receive personal information, particularly sensitive health information, about their employees. Partner Lucy Shanahan, Senior Associate Keifer Veloso and Lawyer Dylan Pietrocola consider the implications for employers in this insight. Click here to read - https://lnkd.in/gzMfXqpE

Can a redundant employee seek a stop bullying order against their former employer? Chantelle Cloete talks to Baker McKenzie’s Michael Michalandos and Kingston Reid’s Katie Sweatman about a recent Fair Work Commission decision. 

Amidst the 'Closing Loopholes' reforms, an area of change that has received relatively little attention is the Fair Work Commission's new powers to look at – and potentially set aside, vary or amend - the terms of independent contractor agreements. In this Insight, Partner Katie Sweatman and Associate Mia Steward consider what this might mean for Australian businesses. Click here: https://lnkd.in/dxiRZPX8

When and why should your business use restraint clauses? In this insight, Partner Emily Baxter and Senior Associate Kat Weston consider some recent Australian decisions that illustrate the evolving legal landscape and the implications for your contract practices. Click here: https://lnkd.in/dYZHVbcm

A raft of important changes to the Fair Work Act will commence next week on Monday 26 August 2024. Is your organisation ready? Changes include: 🔷 a new framework to regulate engagement of ‘regulated workers’ and road transport industry (plus new rights for workplace delegates who are regulated workers); 🔷 changes to casual employment and ‘employee-led’ casual conversion (subject to transitional provisions); 🔷 a new ‘unfair contract terms’ regime for independent contractors; 🔷 a new statutory interpretive principle to determine ordinary meanings of employee and employer; and 🔷 a new ‘right to disconnect’ (for small business employers, this change will not take effect until next year). In readiness for these changes, the Contractor High Income Threshold has now been set at $175,000 (for the year starting 1 July 2024) and today the Fair Work Commission published the final form of the new ‘right to disconnect’ modern award term (link in comments below) 👇

🎺 Last Seats Available 🎺 In this complimentary breakfast seminar an expert panel will take a look at managing psychosocial wellbeing and risks differently, by engaging in a dynamic, multi-disciplinary discussion, touching on how organisations can harness neuroscience to better understand psychosocial hazards in the spotlight of increasing regulatory scrutiny – and in turn, manage workplace interactions more effectively and enhance organisational performance. Link to RSVP in Comments below!

🚨 Psychosocial hazards in focus again as incident notification changes slated for the model WHS Act 🚨 Safe Work Australia has just announced that a range of changes will be made to improve the incident notification provisions in the model WHS Act. These changes (anticipated for early 2025) will be aimed at providing clarity of existing provisions, and addressing gaps in the current notification requirements, particularly in relation to notifications for psychosocial hazards and psychological harm, including serious workplace violence and attempted suicide. While the changes won’t take effect in each Australian jurisdiction until they are adopted into the WHS laws of that jurisdiction, it’s important for employers to keep track of these provisions and to continue to take steps to address psychosocial hazards in their workplaces as this area continues to be a central focus of WHS law reform. Stay tuned for our upcoming insight on these changes, and what they will mean for your business… #psychosocialhazards #workplacehealthsafety

The Same Job, Same Pay provisions of the Fair Work Act 2009 commenced on 15 December 2023 and enable the Fair Work Commission to make a regulated labour hire arrangement order, meaning labour hire workers will receive the same ‘rate of pay’ as host employees covered by an enterprise agreement (or other prescribed instrument) at the workplace, when undertaking work covered by that agreement. In our latest insight, Beth Robinson, Shannon Walker and Kevin Jarrett take a look at how the Commission has applied the provisions in making its first regulated labour hire arrangement order, and offer their insights on what this decision, and others which are to be heard soon, mean for employers who utilise or rely on labour hire as part of their workforce planning. Click here - https://lnkd.in/gjiQCddB