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Articles by Chelsea Huth
Queensland Parliament tightens anti-harassment protections
Increased duties for employers to address and prevent sex and gender-based harassment The Queensland Government has amended the State Work Health and Safety Regulation 2011 (Qld), implementing more stringent anti-harassment duties on employers as part of a suite of changes introduced under the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Qld).
Consultation failures hinder drug policy changes
Background The recent Fair Work Commission decision of demonstrates the consequences for employers who have not undertaken the proper consultation steps before making changes to workplace health and safety polices. Failure to effectively consult of change In January 2024, the employer, Opal Fibre Packaging, made three key changes to their alcohol and other drugs policy.
Queensland Parliament tightens anti-harassment protections
Introduction Sexual and sex or gender-based harassment are workplace hazards that have the potential to cause physical and psychological harm to workers. Since the Respect at Work and Other Matters Amendment Act 2024 (Qld), employers have been obliged to take a more proactive approach to managing and mitigating the risk of sexual and sex or gender-based harassment in the workplace.
The highs and lows of medicinal cannabis in the workplace – when can employers take action? - Cooper Grace Ward
Introduction Since 2016, medicinal cannabis has been increasingly recognised in Australia as a legitimate therapeutic option for the treatment of various medical conditions such as chronic pain and anxiety. Accordingly, the increased prevalence of medicinal cannabis usage has raised various challenges for employers, particularly where impairment and safety implications are concerned.
Queensland Parliament tightens anti-harassment protections
Introduction Sexual and sex or gender-based harassment are workplace hazards that have the potential to cause physical and psychological harm to workers. Since the Respect at Work and Other Matters Amendment Act 2024 (Qld), employers have been obliged to take a more proactive approach to managing and mitigating the risk of sexual and sex or gender-based harassment in the workplace.
Consultation failures hinder drug policy changes
Background The recent Fair Work Commission decision of demonstrates the consequences for employers who have not undertaken the proper consultation steps before making changes to workplace health and safety polices. Failure to effectively consult of change In January 2024, the employer, Opal Fibre Packaging, made three key changes to their alcohol and other drugs policy.
Contracts can disguise employment relationships
Employer's control over worker pointed to employment relationship The Full Bench of the Fair Work Commission (FWC) has upheld the original decision of the FWC that a personal care worker had the standing to bring an employee claim under the Fair Work Act 2009 (Cth), despite two contracts that described her as an independent contractor. In Aspire 2 Life Pty Ltd v. Jessica Tidmarsh [2024] FWCFB 289, a former worker was granted standing to bring a claim under s.
Contracts can disguise employment relationships
In Aspire 2 Life Pty Ltd v Ms Jessica Tidmarsh [2024] FWCFB 289, the former worker was granted standing to bring a claim under section 365 of the Fair Work Act, despite the jurisdictional objection that she was not an employee who could be dismissed. The worker was engaged by Aspire 2 Life Pty Ltd as a home care services support worker. After obtaining an ABN, as required by the company, the worker entered into a Contracted Service Provider Agreement and a Contract Work Opportunity document.
Remote working arrangements: can I ask my workforce to return to pre pandemic arrangements?
Introduction Figures released in August 2023 from the Australian Bureau of Statistics show that 37% of employed Australians still work from home on a regular basis, a figure that is 5% higher than under pre-pandemic arrangements.[1] This figure sits more around 60% for those in professional roles. However, as we have progressively returned to life post-pandemic, an increasing number of employers have mandated attendance in the workplace.
Contracts can disguise employment relationships
Introduction In Aspire 2 Life Pty Ltd v Ms Jessica Tidmarsh [2024] FWCFB 289, the former worker was granted standing to bring a claim under section 365 of the Fair Work Act, despite the jurisdictional objection that she was not an employee who could be dismissed. Facts The worker was engaged by Aspire 2 Life Pty Ltd as a home care services support worker.
Seven standards to satisfy positive duty under the Sexual Discrimination Act
Introduction Historically, for action to be taken against unlawful conduct, the Australian Human Rights Commission had to rely upon the victims of sexual harassment making a complaint. However, due to the recent changes, the Commission now has the power to conduct inquiries into employers’ compliance with their positive duty without a complaint having been made, and to ask employers what reasonable and proportionate steps are being taken to prevent or eliminate sexual harassment.
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