Workplace Relations & Safety Articles

KHQ News & Insights

Safety Update

We find ourselves in the yoyo of “snap” and extended lockdowns across the county, and managing the risks to worker mental health in both an employment and OHS laws context is real and prevalent for businesses during this pandemic. Recent announcements from safety regulators make it clear that we can expect to see focused inquiry … Read more

The COVID-19 Vaccination Update – Can you mandate the COVID-19 vaccine at your workplace?

As the COVID-19 vaccine rollout in Australia gains momentum, with more than 30% of people over the age of 16 fully vaccinated,[1] businesses are asking whether it’s possible to mandate the COVID-19 vaccine in the workplace. In jurisdictions where workplace manslaughter offences operate, there are issues to consider in respect of both mandating the vaccine … Read more

Proposed new laws to address workplace sexual harassment

Snapshot of the Federal Government’s proposed new laws to address sexual harassment and the AHRC’S governance recommendations for ASX senior leaders & investors On 24 June 2021, the Federal Government released its Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 (Bill) which details proposed changes to the Fair Work Act 2009 (Cth) … Read more

Contractor found to be employee – Deliveroo loses unfair dismissal claim

Significant development in the evolving gig economy case law Yesterday’s decision by Commissioner Cambridge in Diego Franco v Deliveroo Australia Pty Ltd [2021] FWC 2818 has given the gig economy another good regulatory shake, after it was determined that a Deliveroo driver was an employee rather than an independent contractor.  The decision puts both sides … Read more

Superannuation update & common traps for contractors

Last week’s Federal budget confirmed that the long awaited increase to the superannuation guarantee will take place on 1 July 2021. From that date, compulsory employer superannuation contributions will increase to 10%. The last increase to the superannuation guarantee was on 1 July 2014 when the guarantee was increased from 9.25% to 9.5%. Our tax … Read more

Safety Update

In the midst of an ever-evolving regulatory landscape, you could be forgiven for missing important developments in workplace health and safety law. While we generally include safety updates in our quarterly Workplace Relations publications, given the rate of change in the WHS legal sphere, we have decided to publish a separate KHQ Safety Update. Our new Safety … Read more

Redundancy – Court rules on ‘ordinary and customary turnover of labour’ exception

In a significant decision, Rares and Collier JJ (with whom Rangiah J “broadly” agreed) have held in the case of Berkeley Challenge Pty Ltd v United Voice [2020] FCAFC 113 (Decision) (available here) that long-standing employees dismissed when long-standing contracts that had been the basis for the work that they were employed to do ended … Read more