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The Australian employment and industrial relations environment is rapidly evolving. We’re seeing a number of legal developments that will have significant impacts on employers and their workplaces.

Here you’ll find updates and analysis on the latest workplace developments relating to Respect@Work and incoming industrial relations changes, ensuring your workplace evolves with the demands of tomorrow.

Respect@Work

Against the backdrop of the momentum of the #MeToo movement, in 2018 the Australian Human Rights Commission was tasked with reviewing and reporting on the prevalence, nature and reporting of workplace sexual harassment in Australian workplaces and making recommendations in relation to the current legal framework to address it and its impacts on individuals and businesses.

In March 2020 the Commission handed down the landmark report, Respect@Work: Sexual Harassment National Inquiry Report. The Report found that workplace sexual harassment is prevalent and pervasive in every industry, location and at every level, in Australian workplaces, and that as a result, Australians are suffering the significant financial, social, emotional, physical and psychological harm associated with sexual harassment.

The Report has elevated the issue of workplace sexual harassment as a legal, risk and governance issue. It is no longer sufficient for organisations to respond to sexual harassment allegations reactively. More than ever, there is an expectation that organisations take a top-down approach to preventing sexual harassment with Boards and senior management increasingly being held accountable for workplace culture and safety, and that complaints and allegations are properly investigated, a fair process is used and that there is accountability for any substantiated findings.

The recommendations made in the Report have resulted in changes to the law and the Federal government has made very clear that there is more reform to come.

Latest thinking: Respect@Work

Insight

What employers need to know: New costs protection regime and legal updates for unlawful discrimination and harassment

The Australian Human Rights Commission Amendment (Costs Protection) Bill 2023 passed Federal Parliament last month enlivening the final recommendation of the Respect@Work report, which provides protection to claimants in discrimination and sexual harassment cases from adverse cost orders, save for very limited circumstances.

02 October 2024

Insight

Closing Loopholes or a Stitch-up – the Government’s IR law reforms

The Government’s controversial 3rd tranche of industrial relations law reforms have now become law with both parts of the Fair Work Legislation Closing Loopholes legislative reform package passing the through Parliament earlier than expected in February after political compromise with the Greens and independent senators.

27 March 2024

Insight

A culture of silence? – the use of NDAs in workplace sexual harassment claims

Non-disclosure agreements, better known as ‘NDAs’, have long been an accepted practice for settling workplace sexual harassment complaints out of court.

15 March 2024

Insight

Respect@Work: Practical steps to comply with the positive duty

The term ‘positive duty’ has become a common phrase in most workplaces.

28 August 2023

Insight

Respect@Work: sexual harassment as a governance and risk issue

Landmark sexual harassment laws have just been passed by the Federal Parliament. In this article, we consider the new laws, and examine the wider issue of sexual harassment, from a governance and risk perspective.

14 December 2022

Insight

Respect@Work: why responding to sexual harassment is everyone’s business

Workplace culture is undergoing a major change, driven by movements such as #MeToo, #TimesUp and #LetHerSpeak.

08 December 2022

Insight

Respect@Work bill passes Parliament

Yesterday, the Respect at Work bill passed through both Houses of Parliament. This marks a significant step towards implementing a further 7 of the 55 recommendations contained in the 2020 Respect@Work Report.

29 November 2022

Insight

Respect@Work – the new positive duty and other changes

The Federal Government has today introduced a bill to implement a further seven of the recommendations of the Respect@Work Report (Bill), as well as making a number of other changes.

27 September 2022

Insight

ALP’s Commitment to Respect@Work Recommendations

As one of his first acts as the new Prime Minister of Australia, Anthony Albanese has committed to implementing all 55 of Sex Discrimination Commissioner Kate Jenkins’ recommendations in the Respect@Work Report – the most significant recommendation being the introduction of a positive duty on employers to safeguard their staff from sexual harassment in the workplace.

06 June 2022

Insight

Respect@Work – The new challenge for directors

Written by Andrew Gray, Ruth Rosedale, Marie Veinberg and Nicole Keijzer

30 June 2021

Insight

Respect@Work Amendment Act

Written by Ruth Rosedale and Andrew McLeod.

25 June 2021

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WORKPLACE INVESTIGATIONS AND SEXUAL HARASSMENT

Incoming industrial relations changes

Following significant media attention and cross-bench negotiations, landmark changes to industrial relations laws were passed by the Federal Parliament in December 2022. Together with the “Respect@Work” laws, the changes represent the most extensive IR reform since 2009, with a focus on job security, driving wage growth and closing the gender pay gap. 

Once the dust settles, we’re anticipating more change is to come. The Government has signalled it intends to regulate the conditions of workers employed under labour hire or outsourced arrangements who perform the same work as employees (ie “same job, same pay”), up the ante on wage compliance by criminalising wage theft and increasing the regulation of “gig workers” and other similar forms of work.

Some key aspects of the reforms introduced late last year include:

  • a prohibition on pay secrecy clauses (intended to promote gender pay equity, but employees will be able to disclose their remuneration to any person – including a competitor);
  • the imposition of a positive duty to take reasonable and proportionate measures to eliminate sex discrimination, sexual and sex-based harassment, hostile work environments and victimisation as far as possible, which requires active steps to be taken within companies to ensure appropriate prevention and response strategies;
  • an ability for workers and unions - with the exception of the building and construction industries (which are partially excluded) - to negotiate industrial agreements across multiple employers with clearly identifiable common interests, designed to give employees better leverage in bargaining for industry-wide pay increases and improvements to working conditions; and
  • a prohibition on contracts containing a fixed term in excess of two years or fixed term contracts which can be extended or renewed beyond two years (but with some exceptions).

Latest thinking: Incoming Industrial Relations changes

Insight

Loopholes closed? What employers should know about changes starting today

From today (26 August 2024), several changes will come into effect under the Fair Work Act 2009 (Cth) (FW Act) as part of the Closing Loopholes legislative reforms.

26 August 2024

Insight

Closing Loopholes reforms – A timeline

All of the Closing Loopholes reforms have now become law, or soon will be.

29 February 2024

Insight

Closing Loopholes 2.0 – Government’s IR reform package passes the Senate

The Federal Government has now secured passage of the remainder of the Closing Loopholes Bill, implementing the final tranche of the Government's IR law reform package.

09 February 2024

Insight

Closing Loopholes legislation receives Royal Assent

The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) was passed late last year and received Royal Assent on 14 December 2023.

18 January 2024

Insight

Parts of the Government’s IR reform package pass parliament

In a surprise move, the Federal Government has now reached agreement with key crossbench senators, David Pocock and Jacquie Lambie, to divide the Closing Loopholes Bill into two.

08 December 2023

Insight

Political compromise – changes to the Government’s IR reform package

The Federal Government has proposed almost 100 changes to Closing Loopholes Bill to seek to address concerns raised by some employer groups, unions and the Greens.

29 November 2023

Insight

Closing the Loopholes Bill – Key takeaways

The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Cth) was introduced into parliament on 4 September 2023. Despite the desire of the Federal government for the Bill to be debated and ultimately passed this year, the opposition and crossbenches were able to successfully put off that process until at least February 2024. While we expect to see significant media coverage and lobbying between now and then, with the potential modification of some of the more controversial proposed changes in the Bill, here are our 10 Key Takeaways that employers need to be aware:

04 October 2023

Insight

Closing Loopholes Bill – Our summary of the proposed new laws

The Federal Government has now released the third tranche of proposed workplace relations reform, in the form of the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Cth).

05 September 2023

Insight

Navigating Australia’s new enterprise bargaining framework - Tips for employers

The changes made by the Secure Jobs, Better Pay Reforms significantly impact the enterprise bargaining process and where the power may sit between parties as part of that process. Most of those changes took effect on 6 June 2023.

03 July 2023

Insight

Criminalisation of “wage theft” – What proposed new laws could mean for directors?

The Labor Government is pushing ahead with its promise to criminalise “wage theft”, but what does this mean for directors? As part of its Secure Australian Jobs Plan, the Federal Government is proposing to legislate amendments to the Fair Work Act 2009 (Cth) (“FW Act”) to help curb the widespread problem of so-called “wage theft”. The proposed reforms will have significant implications for directors, including the exposure to criminal liability.

28 June 2023

Insight

Consultation open on next tranche of workplace reforms

The Federal Government has commenced consultation on its third round of reforms to the Fair Work Act 2009 (Cth) (FW Act), which are set to be introduced in the second half of 2023.

21 April 2023

Insight

Australia’s changing industrial landscape: What do employers need to do and when?

On 2 December 2022, the Federal Government passed the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth). These reforms represent fundamental changes to Australia’s workplace relations laws and will have a significant impact on all Australian employers and employees.

16 December 2022

Insight

Changes to the Secure Jobs, Better Pay Bill

Following strong criticism from employer groups and extensive negotiations with cross bench members in the Federal parliament, late yesterday the Federal Government released 34 pages of amendments to its first major tranche of proposed workplace relations reforms, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (Cth).

10 November 2022

Insight

Secure Jobs, Better Pay Bill – The devil is always in the detail

The Federal Government has today released its first major tranche of proposed workplace relations reform, in the form of the 243 page Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (Cth).

27 October 2022

Insight

Secure Jobs, Better Pay - Look out for new Federal Government Reforms

The Federal Government has confirmed it will release its Secure Jobs Better Pay Bill this Thursday, 27 October 2022 (Secure Jobs Bill), being its first major step in workplace reform since coming into office.

26 October 2022

Insight

Workplace relations reforms ahead

Significant changes to Australia’s workplace relations system have been announced by the Employment Minister Tony Burke as part of the Jobs and Skills Summit.

02 September 2022

Insight

Introducing paid family and domestic violence leave to the Fair Work Act

The Bill is one of the first items of legislative change introduced by the Government in the industrial relations sphere, reflecting one of several election promises made under the “Secure Australian Jobs Plan”.

03 August 2022

Insight

IR snapshot - likely reforms under the new Labor government

The election of a Federal Labor government is likely to see significant changes to Australia’s employment and industrial relations laws

16 June 2022

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