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Articles by Steve Bowler
To What Extent is a Labour Hire Company Liable for a Safety Incident? Court Fines Company AU$400,000 for “Blindly Sending” Workers Into Hazardous Workplace | Publications | Insights & Events | Squire Patton Boggs
The recent judgment of Safework NSW v BI Australia Pty Ltd in the District Court of NSW may rewrite the rules for labour hire companies and what is required for them to meet their work health and safety (WHS) obligations. In the decision, a Sydney-based labour hire company was issued with a AU$400,000 fine, almost double the penalty imposed on the host company, for the same incident in which a labour hire worker was injured.
New Legal Exposure for Hotel Employers How to Stay Off the Front Page
A recent High Court of Australia decision just rewrote the rulebook for employers – and hoteliers should take note. The court1 overturned longstanding precedent, confirming that employers can now be held liable for psychiatric injury caused by breaches of employment contracts. The result? AU$1.45 million in damages awarded to an employee – covering lost past and future earnings, plus pain and suffering.
What exactly is 'multi-employer bargaining'?
Unions can now apply for 'single-interest authorization' with multiple employers BY 10 Apr 2025 With many amendments to the Fair Work Act 2009 (Cth) (FW Act) over the last 12 months, one of the major changes that has occurred is the way employers, employees and unions collectively bargain in Australia. In particular, the concept of multi-employer bargaining has reshaped the landscape for the making of collective workplace agreements.
Landmark Prosecution for Psychosocial Hazards
The Western Australian Department of Justice has become the first employer in WA to be charged for failing to meet its obligations to manage employee psychosocial hazards in the workplace. On 24 December 2022, the regulations supporting the Work Health and Safety Act 2020 (WA) (WHS Act) were amended to define and introduce specific duties in relation to psychosocial risks in the workplace.
Landmark Prosecution for Psychosocial Hazards – Western Australia | Publications | Insights & Events | Squire Patton Boggs
The Western Australian Department of Justice has become the first employer in WA to be charged for failing to meet its obligations to manage employee psychosocial hazards in the workplace. Read this analysis from labour and employment specialists, Kim Hodge and Steve Bowler.
What Exactly Is "Multi-employer Bargaining"?
With many amendments to the Fair Work Act 2009 (Cth) (FW Act) over the last 12 months, one of the major changes that has occurred is the way employers, employees and unions collectively bargain in Australia. In particular, the concept of multi-employer bargaining has reshaped the landscape for the making of collective workplace agreements. What Is It?
Flexible Working Arrangement Disputes What Does the Fair Work Commission Say?
Effective from 6 June 2023, as part of the changes made through the federal government's "Secure Jobs, Better Pay" legislation, the Fair Work Act's flexible working arrangement (FWA) provisions were amended to: Expand the circumstances in which an employee may request an FWA Increase an employer's obligations when considering an employee's request Introduce dispute resolution provisions that empower the Fair Work Commission (FWC) to make orders where an employer refuses an employee's request...
Flexible Working Arrangement Disputes - What Does the Fair Work Commission Say?
Effective from 6 June 2023, as part of the changes made through the Australian federal government’s “Secure Jobs, Better Pay” legislation, the Fair Work Act’s flexible working arrangement (FWA) provisions were amended to: Expand the circumstances in which an employee may request an FWA Increase an employer’s obligations when considering an employee’s request Introduce dispute resolution provisions that empower the Fair Work Commission (FWC) to make orders where an employer refuses an...
Potential Legal Risks Arising From Common Business Practices
In light of significant changes to labour and employment laws over the past 18 months, it is important for employers to take the time to review and update their current contracts, policies and workplace practices. We have summarised the top five potential legal risks arising from common business practices to help Australian employers ensure that they are compliant with recent legislative developments. 1.
It's a cultural thing
Can employers be held liable for a poor workplace culture? Most businesses would claim to have a positive workplace culture (or be aspiring to have one), although this may not be borne out in reality. If a poor workplace culture exists, is this solely the employer’s responsibility? More to the point, can an employer or Person Conducting a Business or Undertaking (PCBU) in a work health and safety context be held liable if a poor workplace culture impacts workers’ health?
Board Briefing - Labour & Employment - Australia - H2 2023
Local Connections. Global Influence.
It Is a Cultural Thing Can Employers Be Held Liable for a Poor Workplace Culture?
Most businesses would claim to have a positive workplace culture (or be aspiring to have one), although this may not be borne out in reality. If a poor workplace culture exists, is this solely the employer’s responsibility? More to the point, can an employer or Person Conducting a Business or Undertaking (PCBU) in a work health and safety context be held liable if a poor workplace culture impacts on workers’ health? Based on recent action taken by safety regulators, the answer is yes.
Unlooping The Closing Loopholes Bill 2023
Australia September 2023 Unlooping The Closing Loopholes Bill On 4 September 2023, the federal government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill), its third tranche of amendments to the Fair Work Act 2009 (Cth) (FW Act) and associated legislation. The Bill proposes major changes with respect to the regulation of casual employees, independent contractors, labour hire and wage theft.
Unlooping the Closing Loopholes Bill 2023
On 4 September 2023, the Australian federal government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill), its third tranche of amendments to the Fair Work Act 2009 (Cth) (FW Act) and associated legislation.
Psychosocial hazards and poor organisational justice – necessary protection or a step too far for employers? (Australia)
There is a growing emphasis on the need to properly manage psychosocial hazards in the workplace that may create a risk to workers’ health and safety. But recent changes to safety laws indicate that psychosocial hazards include the potentially subjective concept of “poor organisational justice”. Have things gone too far, or is “poor organisational justice” a genuine risk to workers’ mental health that businesses need to address?
Psychosocial hazards and poor organisational justice - necessary protection or a step too far for employers? (Australia)
There is a growing emphasis on the need to properly manage psychosocial hazards in the workplace that may create a risk to workers’ health and safety. But recent changes to safety laws indicate that psychosocial hazards include the potentially subjective concept of “poor organisational justice”. Have things gone too far, or is “poor organisational justice” a genuine risk to workers’ mental health that businesses need to address?
Psychosocial hazards and poor organisational justice - necessary protection or a step too far for employers? (Australia)
There is a growing emphasis on the need to properly manage psychosocial hazards in the workplace that may create a risk to workers’ health and safety. But recent changes to safety laws indicate that psychosocial hazards include the potentially subjective concept of “poor organisational justice”. Have things gone too far, or is “poor organisational justice” a genuine risk to workers’ mental health that businesses need to address?
Navigating the Complexities of Australia’s Changing Employment Laws – Your Questions Answered | Events | Insights & Events | Squire Patton Boggs
Thanks to a multitude of recent amendments to employment laws in Australia, if you oversee people management in your organisation, there is a lot for you to get your head around. Staying on top of the legislative amendments is tough enough, yet you also need to consider how those impact on the day-to-day.
Sexual harassment in the workplace: February 2023 update
December 2022 was a busy month in Australia's Federal Parliament for workplace relations reforms. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Secure Jobs, Better Pay Act) and the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Respect at Work Act) were both passed. These Acts bring with them, among other things, wide-ranging impacts on employer obligations with respect to sexual and sex-based harassment.
Australia Employment Law: New two year limit imposed on the use of term contracts
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Act) has introduced several changes in Australia, including by placing limits on the use of fixed and maximum term contracts (fixed-term contracts). The amendments will come into effect in December 2023. What are the changes?
Hitting level 100 in World of Warcraft feels like a major life event
I spent my Sunday afternoon this past weekend doing two things simultaneously: waiting in a virtual line with 5,000 other people to play World of Warcraft, and spending time with my fiancé and our 15-month-old child. At the intersection between these two activities, something strange occurred to me: I've been playing World of Warcraft on and off longer than I've known the mother of my son. As a lifelong gamer, it's no surprise and not a big deal that certain games really matter to me.
Crossy Road has invented the "endless Frogger," and it's brilliant
Download Crossy Road if you have an iOS device. It's free. The game has been stuck in my mind like a thorn ever since I downloaded a pre-release version a few days ago. It's an "endless Frogger," where you swipe up, left, right or down to move your character and avoid cars, trains and drowning. If you move too slowly a bird grabs you and eats you, so you must always be moving forward. That's it. The further you get, the higher your score and of course you can share your score on social media.
Yes, GameStop's 10 year-old Super Smash Bros. prodigy was a publicity stunt
The world of competitive Super Smash Bros. went crazy with the news of "Karissa the Destroyer," a 10 year-old kid who showed up at a West Hollywood tournament thrown by GameStop and destroyed all the competition. That competition, it should be noted, included Smash player D’Ron "D1" Maingrette, who tweeted about the event in amazement. The rumors that this was all some sort of stunt began immediately.
Here are the nominees for The Game Awards 2014
The Game Awards 2014 creator Geoff Keighley announced the nominees for the awards yesterday, and there's an eclectic mix of titles up for the top honor: Bayonetta 2, Dark Souls 2, Dragon Age: Inquisition, Hearthstone: Heroes of Warcraft and Middle-earth: Shadow of Mordor. No game was nominated more than three times, with four titles tied for that number of nods: Dark Souls 2, Hearthstone, Shadow of Mordor and South Park: The Stick of Truth.
Disney can save Nintendo, and it would only cost $19 billion
Everyone had always assumed that Disney was going to buy Pixar. During one of my regular business chats with my father, who is a retired CEO, I predicted that Pixar was going to buy Disney and turn the company around. The value worked better going the other way. While Disney needed the magic of Pixar at that point in the company's life, Pixar didn't exactly need Disney. My father was incredulous but, when Disney bought Pixar in 2006, I called my Dad with the news. Because holy shit, I had called it.
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