First published on Monday, August 26, 2024
Last updated on Friday, August 23, 2024
Have you heard the latest news?
Everything you need to know about the latest trends impacting employers all over Australia. Keep up to date with the HR Heartbeat.
Let’s get into the headlines.
August employment law update
If you’re heading into September with your sights already set on planning for 2025, then this may come as an unwelcome reminder that on 26 August 2024, a handful of Closing Loopholes reforms are kicking into effect.
The changes include:
- Eligible employees gaining the new right to disconnect. They can refuse contact outside their work hours unless that refusal is unreasonable. This right will come into effect for small businesses on 26 August 2025.
- A new definition of casual employees will be introduced to the Fair Work Act. This will update how casual work is defined, the pathway to becoming permanent employees, and employer and employee responsibilities.
- New protections and minimum standards applicable to certain gig economy workers.
We’ve covered all the changes affecting businesses as a result of the Closing Loopholes laws in our employment law update guide.
If you’re looking for real-time information on how these, and all upcoming, employment relations changes will affect your business—our team of experienced advisers is available 24/7 to answer your questions and guide you through challenges.
Not yet a client? Learn more about BrightAdvice.
$3 million awarded in the first Aussie case of its kind
A former coalminer who developed black lung (formally known as pneumoconiosis) as a result of his employer’s negligence, and battled mental health issues ever since has been awarded $3.2 million in damages.
He is the first Australian to win a black lung case at trial, opening the door to many more cases ending in compensation.
As a coalminer, he worked as a machine operator at mines in New South Wales and Queensland. He said he was never warned of the health risks posed by the dust in the mines and never wore a mask while at work.
The Dust Diseases Tribunal of NSW found that the mines had been negligent and not taken reasonable care to ensure that their former employee was protected from avoidable injuries and exposure to coal dust. The judge further noted that the former coalminer’s respiratory and psychiatric health meant he would not be able to work again.
This case serves as a reminder to all employers of the importance of carrying out work health & safety tasks and taking reasonable steps to prevent incidents and harm from taking place.
Work health & safety software and services can help you streamline your process of reporting hazards, risks, and taking action to improve health & safety in your workplace. Book a customised tour of BrightSafe to see how our software makes work health & safety easier to manage.
Something borrowed, something breached
Legal action against a designer and retailer of wedding dresses based in Sydney’s inner west has begun by the Fair Work Ombudsman.
Investigations started after four workers called in the regulator for assistance.
A Compliance Notice was issued to the business after the investigation led the inspector to form the belief that:
- The workers weren’t paid accrued but untaken annual leave entitlements when their employment ended.
- One worker was also not paid payment-in-lieu-of-notice-of-termination entitlements.
However, the company failed to comply with the Compliance Notice without a reasonable excuse.
Now, the Ombudsman is seeking penalties against the company in court, putting them up against a penalty of up to $33,300.
The company was initially only required to pay $21,604 to comply with the Compliance Notice.
The regulator is also seeking orders for the company to pay the alleged amount it owes its former workers, including superannuation and interest.
When it comes to maintaining an accurate payroll, it’s not always easy to navigate your obligations. That’s where a Payroll Navigator and creating custom payroll reports come in handy—to help you make sure you’re meeting your employer obligations.
That wraps up this edition of HR Heartbeat. Stay tuned for more headlines and all the latest updates that will keep you in the know with all the major employment changes coming your way.
If you’ve got questions about the top HR headlines from this week, ask Bright BrAInbox:
How is the new right to disconnect defined according to the Fair Work Act?
The right to disconnect is defined as the exercise of an employee right to "refuse to monitor, read or respond to contact, or attempted contact, from an employer or third party outside the employee's working hours unless the refusal is unreasonable". This new right will be effective from 26 August 2024 for non-small business employers and from 26 August 2025 for small business employers (a business that employs fewer than 15 employees at the time of calculation). If you need more help with this topic, it is best to seek advice.
Can an employee have time off work for mental health?
Yes, if an employee is suffering poor mental health that amounts to an illness, permanent employees can take paid personal/carer’s leave for the period that their illness makes them unfit for work. The employee also needs to provide you with evidence of their unfitness to work if you ask for it and comply with the relevant notice periods. If you have an employee notifying you of taking personal/carer’s leave for mental health, it’s best to speak with an adviser.
A compliance notice is a notice issued by a Fair Work Inspector which requires an employer to fix a breach of an Australian workplace law.
