18 Dec HR LAW NEWSLETTER – DECEMBER 2024

Welcome to the December 2024 HR Law Newsletter.

2024 has been a significant year in Australian employment law with many legislative changes and updates that have drastically changed workplace obligations, processes and responsibilities for employers.

As we prepare for 2025, we take this opportunity to give a big thank you to all our valued clients, colleagues and online followers for your continued support during 2024.  It has been our great pleasure to work with you and support your business in managing all of your employment law matters.  The HR Law team look forward to continuing to support and work with you in 2025.

The team at HR Law would like to wish you a very Merry Christmas and Happy New Year.  Whatever your plans, we hope you all have a safe and happy festive season. 

HR LAW ANNOUNCEMENTS

December Webinar – Managing Workplace Obligations during the Holiday Season

To assist you as you navigate this end of year season, we invite you to access our complimentary end of year wrap up webinar.  This webinar provides guidance on key considerations for managing workplace obligations during the holiday season.

To access the webinar link, click on the here.

RECENT LEGISLATIVE UPDATES

Workplace Gender Equality Amendment (Setting Gender Equality Targets) Bill 2024

The Albanese Government has introduced the Workplace Gender Equality Amendment (Setting Gender Equality Targets) Bill 2024 (“the Bill”), which will amend the Workplace Gender Equality Act 2012 (Cth) (“the Act”)

The Bill will introduce a new requirement that relevant employers with 500 or more employees (“Relevant Employers”) select and meet gender equality indicators (“GEIs”) to promote and improve gender equality in employment and in the workplace.

The GEIs are as follows:

• gender composition of the workforce;

• gender composition of governing bodies of relevant employers;

• equal remuneration between women and men;

• availability and utility of employment terms, conditions and practices relating to flexible working arrangements for employees and to working arrangements supporting employees with family or caring responsibilities;

• consultation with employees on issues concerning gender equality in the workplace; and

• sexual harassment, harassment on the ground of sex or discrimination.

Whilst Relevant Employers are already required to lodge an annual report to the Workplace Gender Equality Agency Australia (“WGEA”) relating to the GEIs, the Bill intends to “raise the bar on the obligation on large employers, who may also be publicly named as non compliant if they do not set, improve upon, or meet the targets without reasonable excuse”, says Assistant Minister for Women, Kate Thwaites.

The Bill will allow the Minister to set gender equality targets and specific rules, including numeric and action targets for each GEI.  Once targets have been set, employers will report to the WGEA on progress as part of their normal reporting submission.  Achievement will be assessed at the end of a three-year cycle.  If an employer is found non-compliant with the Act, they may be publicly named by the WGEA and will not be eligible for a certificate of compliance.  Whether an employer holds a certificate of compliance affects its eligibility to contract with the Australian Government through its procurement processes.

Amendments to Queensland Work Health Safety Act 2011 changes Safety Entry Rights

In Queensland, the incoming Crisafulli Government has reintroduced the requirement for workplace health and safety permit holders to provide a minimum of 24 hours’ notice prior to entering a worksite to investigate suspected safety breaches.  These amendments now remove the automatic right of entry for permit holders to enter workplaces (except where there is an imminent or immediate health and safety risks).

These changes amend the Work Health Safety Act 2011 (Qld) through the introduction of the Brisbane Olympic and Paralympic Games and Other Legislation Amendment Bill 2024. Additional amendments through this Bill also include the simplification of cease-work directions and limitations on work health and safety representatives to record images and videos at worksites.

These right of entry changes have been introduced to counter what Industrial Relations Minister Jarrod Bleijie has described as CFMEU’s “weaponisation of workplace health and safety”.  Furthermore, these amendments realign Queensland’s right of entry requirements with the Fair Work Act 2009 (Qld), which impose a 24 hour notice period before right of entry is permitted.

To read the Media Release, click here.

CASE BRIEF: BULLYING ORDER AGAINST GENERAL MANAGER

In the recent decision of Application of Kavita Sharma [2024] FWC 2634 (24 September 2024), the Fair Work Commission (“FWC”) has highlighted the consequences that an Application for an order to stop bullying pursuant to section 789FC of the Fair Work Act 2009 (Cth) can have on both the alleged “bully” and the employer.

In this case, the General Manager of Winfer Protection Pty Ltd T/A SAI Security (“the Company”) had engaged in bullying behaviour against the Chief Financial Officer (“CFO”).

The behaviour of the General Manager included:

• undermining the CFO’s authority;

• sending hostile emails;

• imposing impossible deadlines; and

• trying to reduce the CFO’s role to debt collection despite the task being assigned to another employee.

The General Manager then went on stress leave and whilst absent from the workplace, continued to bully the CFO.

The CFO claimed the “relentless bullying and harassment” began after the Company had acquired Bluestar Security in July 2023.  The bullying behaviour led to the CFO suffering from severe anxiety, sleep issues and “immense mental pressure”.

During the hearing, the CFO’s director advised the FWC that he was “torn between retaining a key employee” whilst also maintaining the CFO, who had been employed for more than seven years.

The Decision

The FWC found that the General Manager’s actions amounted to bullying, including unreasonable management decisions that posed ongoing health risks to the CFO.  The FWC also noted that the General Manager’s behaviour persisted, even whilst he was on leave.

As a result, the FWC directed the General Manager not to communicate directly with the CFO if he returned to work, and to act professionally.  In addition, the Company was ordered to implement a comprehensive anti-bullying policy and provide training to all employees.

Furthermore, as the General Manager did not attend the FWC Hearing, claiming he was recovering from “stress and anxiety” within the workplace, the FWC referred the matter to the Australian Federal Police due to the Manager’s failure to attend.

To read the Application, click the here.

CONNECT WITH US ON LINKEDIN

If you are not already connected with us and you would like to keep up to date with topical employment law matters, please follow us on LinkedIn and subscribe to our email updates.

We also post articles regularly on our website.  Please email us at info@hrlaw.com.au and we will make sure we add you to our mailing list.

The content of this newsletter is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.