Critical Issues in Employment Law

Welcome to Norton Rose Fulbright’s content hub for Australian employment law.

We are pleased to welcome you to Norton Rose Fulbright’s content hub for Australian employment law.

As employers contend with unparalleled levels of market change as demonstrated by the recent spate of high profile ‘wage theft’ cases, the increased scrutiny on whistleblowing, modern slavery, #MeToo and the profound impacts of COVID-19 and the growing emphasis on mental illness, our engaging and proficient commentary will assist employers to navigate these major issues and evolving developments.

In this hub, we will share updates and insights on the myriad of challenges concerning employment law in Australia in an easy to access and digestible format. We will include podcast interviews, webinars, legal updates, and Q&As with our clients and other stakeholders.

We welcome your involvement and feedback, and aim for the hub to be a positive and meaningful forum.

Webinars and podcasts

Critical Issues in Employment Law: The year ahead

In building the workplace of the future, organisations must be cognisant of the emerging trends, latest changes and reforms set to shape employment law in 2021 and beyond.

Workplace sexual harassment: A work health and safety risk

Organisations have a duty to manage risks to psychological health and wellbeing. We discuss how organisations could satisfy this duty through the application of a risk management framework addressing sexual harassment in the workplace.

Workplace sexual harassment: Time to disrupt the system?

We consider how the traditional approach to the mitigation and management of workplace sexual harassment, relationships and gender inequality needs to be disrupted.

The Full Federal Court giveth, but does the High Court taketh away?

David Cross, Jenny Smith, Amy Leonard and Nazreen Ali discuss the implications of several decisions of the Full Federal Court which have challenged long-standing practices.

Risks associated with working from home

Sally Woodward and Electra Dow discuss the potential pit-falls and risk for employers having their workforce operating remotely.

Workplace law reform

Partners Helene Lee and David Cross discuss the limitations of the existing framework and possible solutions as Australia recovers from COVID-19.

Managing Vulnerable Employees

Special Counsel Nicki Milionis, and Senior Associates Tanya Puri and Edwina Kaupa, discuss vulnerable employees.

Annualised wage arrangements

Partners Martin Osborne and David Cross discuss annualised wage clauses and how they’ve changed, the implications of these changes and more.

COVID-19: Ending employment by way of redundancy

Special Counsel Michael Nightingale and Senior Associate Bronwyn Hammond cover discuss the issues that arise when implementing redundancies.

COVID-19: Returning to work

Partners Sally Woodward and David Cross, and Special Counsel Nicki Milionis discuss a range of legal risks and issues focussed on returning to work post COVID-19.

COVID-19: Implementing effective working from home arrangements

Special Counsels Peta Willoughby and Annika Martz, and Senior Associate Amy Leonard discuss issues relating to employees working from home, and how to implement effective remote work arrangements for your workforce.

COVID-19: Fair Work Act amendments

David Cross and Shannon Walker discuss amendments made to the Fair Work Act on 8 April 2020 as necessitated by COVID-19.

COVID-19: Variable Award Clauses

Partner David Cross discusses changes to variable award clauses due to COVID-19.

Wage theft, annualised salaries and other compliance issues

Culture and compliance with workplace laws have taken on a new urgency following a string of high profile cases of ‘wage theft’ making headlines.

Recent publications

Sexual harassment in 2020: Time to disrupt the system?

The publication of the Male Champions of Change report ‘Disrupting the System - Preventing and responding to sexual harassment in the workplace’ brings with it a commitment to disrupt the system and make meaningful change.

Amendments to the JobKeeper scheme

Changes to the JobKeeper scheme will come into effect from 28 September 2020, with the existing scheme remaining in place until 27 September 2020.

How to address employment issues involving a whistleblower

Global Workplace Insider Blog | How can corporate employers address issues with a Whistleblower’s work performance or conduct whilst avoiding contravention of the “no detriment” protection?

Stage 4: Industrial-scale hibernation across Victorian businesses

Under the new restrictions outlined by the Victorian Premier Daniel Andrews, businesses in metropolitan Melbourne must be closed unless they are part of a permitted industry for the next six weeks.

Queensland's criminalisation of wage theft

The Queensland Government has taken a firm stance on ‘wage theft’ by recently introducing the Criminal Code and Other Legislation (Wage Theft) Amendment Bill 2020.

Dental Corporation v Moffet - the appeal and its ramifications

Global Workplace Insider Blog | The Full Court of the Federal Court has handed down a decision with potentially far-reaching ramifications for the manner in which principals deal with superannuation in respect of independent contractors.

Caution for employers: Recent FCA decision shines spotlight on redundancy entitlements

Examining redundancy entitlement when employer changes employment conditions and employee continues working for their employer.

Victoria's wage theft legislation

On 16 June 2020, the Victorian Parliament passed the Wage Theft Bill 2020 in response to a series of high-profile underpayment cases.

The Miscellaneous Award now has greater reach

On 12 February 2020 the Fair Work Commission amended the Miscellaneous Award 2010 with effect from 1 July 2020.

“Set-off” Regulation fails to prevent casual employee from receiving casual loading and leave entitlements

The long-awaited decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato) has ramifications for all employers who use casual labour.

Can employers force their employees to download the COVIDSafe app?

Can employers direct their employees to download the COVIDSafe app and impose disciplinary action on those who refuse to do so?

COVID-19 normal: Returning to work, the workplace and planning for the future

May 15: Identifying some of the key issues for managing safety, employment and cultural risks as a part of a COVID-19 return to work plan.

Amendments to the Fair Work Act in response to COVID-19 pandemic

April 14, 2020: Amendments to assist employers who qualify for the JobKeeper scheme to deal with the economic impact of the coronavirus.

COVID-19: Temporary variations to Hospitality and Clerks modern awards

March 31, 2020: Measures to provide employers with flexibility to resource their businesses in the current climate.

Federal Government announces wage subsidy for eligible businesses impacted by COVID-19

March 31, 2020: Key details of proposed wage subsidy, called the JobKeeper payment, for eligible businesses impacted by COVID-19.

Additional Resources

The disrupted workplace and intellectual property

Article series | A series of four articles on the opportunities and challenges relating to intellectual property in the current disrupted workplace environment.

Doing business in the gig economy: A global guide for employers

This briefing looks at the position of gig economy workers in various jurisdictions as well as what legal developments are expected in the future.

Global interactive guide on returning to the workplace

An interactive global checklist on the recent development of strategies, tools and frameworks designed to assist returning employees to the workplace.

Global Workplace Insider

For employment and labor law issues.

Rethinking workplace risk

Mitigating heightened risks relating to governance, accountability, culture, reputation and safety in the modern workplace.

Health and Safety Insights

A podcast series with expert commentary and insights on the latest issues concerning work health and safety law in an easy to access, time friendly format.

Compliance Manager

Compliance Manager is our award winning online risk management and compliance training tool. Educate and inform your employees on the risks that affect your organisation and brand with customised training that can be accessed across your entire workforce.