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Articles by Michelle MacMahon
Hicksons Lawyers - A Failure to Consult: The Fair Work Commission confirms even “logical” policy changes and administra
Making logical changes to workplace processes should be simple and straight forward. However, a recent decision of the Fair Work Commission (FWC) confirms that employers still need to make sure they follow the additional step of proper employee consultation, or risk a poor outcome in the Commission.
Hicksons Lawyers - Industrial Manslaughter - A New Offence for Serious Workplace Safety Failures
A new offence and serious penalties are now in action across NSW for PCBUs (employers, businesses and the like) and officers (including directors and some senior executives) whose actions or inactions lead to the death of a worker. Although there are no specific new WHS obligations to be aware of, there are new consequences. It is now more important than ever for organisations and senior executives to educate themselves on their obligations under WHS legislation.
Hicksons Lawyers - Does a pay raise in the 52 weeks pre-injury affect a worker’s PIAWE?
Key Points: 1. By operation of Regulation 8C, a pay raise has been considered as a change of an ongoing nature to the employment arrangement, resulting in a financially material change to the earnings of the worker. 2. The relevant earning period for the purpose of calculating PIAWE will be restricted to the period from the date the pay raise became effective, until the date of injury.
Hicksons Lawyers - Please Stop Talking to Me: Australian Workers NEW Right to Disconnect
Introduction The Federal Government has moved to further regulate the relationship between work and home with new Right to Disconnect laws. The laws mean that employees have more control over when and how they choose to respond to communication from their employer outside business hours. What’s changing? The new Right to Disconnect is part of the Closing the Loophole changes, and will apply to all employers, except small employers, from 26 August 2024.
Hicksons Lawyers - Modern Awards Refresher: A Breakdown of Essential Elements for Employers
Often the obvious can be ignored in the business of everyday trading. Increasingly, employees are becoming more aware of their rights at law and under their respective Modern Award. While this may be familiar territory for many, this article is a quick reminder of the issues Awards deal with, especially as civil penalties can approach six figures for breaching a term of an Award.
Hicksons Lawyers - An Employer’s Positive Duty to Prevent Unlawful Sexual Conduct is in Place
Introduction Since 12 December 2023, your organisation can face a visit from the Australian Human Rights Commission (AHRC). In the latest wave of legislative amendments of the Sex Discrimination Act 1984 (Cth), businesses are required to take additional reasonable and proportionate steps to eliminate, as far as possible, certain unlawful conduct.
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