The Australian Government has inserted a new regulation giving employers more protection against ‘double dipping’.
New Regulation to protect employers against Casuals ‘double dipping’ claims
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New Victorian long service leave laws
The Long Service Leave Act 2018 (Vic) commenced on 1 November 2018. The new Act implements the the following changes.
Changes to NSW coal mines workers’ compensation arrangements
A wider range of employers are required to contribute to the Coal Mines Insurance (CMI) workers compensation scheme.
Appeal Against The Merger Of The CFMEU, MUA And TCFUA
A merger took effect on 27 March 2018 to form a new union called the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU).
National Survey And Inquiry Into Sexual Harassment
On 12 September 2018, the Sex Discrimination Commissioner, Kate Jenkins, released the results of the Australian Human Rights Commission’s fourth national survey on sexual harassment in Australian workplaces.
Fair Work Commission Distinguishes Between Outsourcing And Labour Hire
In a 7 September 2018 decision, Deputy President Asbury of the FWC distinguished between “outsourcing” and supplementary labour in the context of an alleged transfer of business.
Important Pattern Bargaining Decisions
On 31 August and 6 September 2018, Deputy President Dean of the Fair Work Commission handed down two important decisions relating to the pattern bargaining provisions of the Fair Work Act 2009. In WGC Crane Group v CFMMEU [2018] FWC 5101, Dean DP held that the CFMMEU was pattern bargaining and that, therefore, the industrial action was not protected. A stop order was issued. A very similar decision was issued by Dean DP in Boom Logistics v CFMMEU [2018] FWC 5634.
Victorian Labour Hire Licensing Regulations And Commissioner
The Labour Hire Licensing Regulations 2018 (Vic) were made on 23 October. The Regulations clarify some aspects of the coverage of the Victorian labour hire licensing scheme as well as addressing various other issues of detail relating to the scheme. Meanwhile, the Victorian Government has appointed former AMWU Victorian State Secretary, Steve Dargavel, as Labour Hire Licensing Commissioner.
NSW Modern Slavery Act
The NSW Parliament has passed the Modern Slavery Act 2018 (NSW) which will establish a modern slavery reporting requirement for businesses operating in NSW that have an annual turnover of $50 million or more. The Act has not yet been proclaimed and the commencement date is currently unknown.
Commonwealth Modern Slavery Bill
On 24 August 2018, a Senate Committee recommended that the Commonwealth Parliament pass the Federal Government’s Modern Slavery Bill 2018 (Cth) following a Senate Committee Inquiry. On 20 July 2018, Ai Group made a submission to the Senate Committee. The Bill would establish a modern slavery reporting requirement for businesses with an annual consolidated revenue of $100 million or more (approximately 3,000 businesses).