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25.01.2022 A reminder to Victorian businesses to continuously adhere to the current Government restrictions, and guidelines under stage 4 lockdown. WorkSafe has issued almost 200 notices to businesses for not complying with coronavirus restrictions in the past month - make sure your practices are up to Government Regulations to avoid this. With 53% of those issued with notices established in Melbourne, WorkSafe chief executive Colin Radors has shared of that 23% of those were not comply...ing with the ‘overall’ restrictions; 17% were not complying with strict cleaning, and 14% we’re not appropriately enabling physical distancing measures. See the below link to read the regulations that your business need to be meeting. https://www.dhhs.vic.gov.au/business-industry-stage-4-restr.

24.01.2022 Recently published by Inside Retail, Georgie Chapman provided insight on what the retail sector will look like this festive season from an employment law perspective. COVID-19 has certainly shaken up the industry this year, and while mystery cases remain low, COVIDSafe measures will likely be a day-to-day part of the retail sector until after a vaccine has been developed. In the lead up to Christmas, retailers are no doubt hopeful that they'll be able to recoup some of the lo...sses suffered by crippling lockdowns and general impacts of COVID-19. However, with the period of higher volumes of customers and staff soon, retailers must be aware of their obligations to maintain COVIDSafe to protect customers and staff and also bear in mind the mental health of staff as they return to work during the busy Christmas season. To make things more complicated requisite COVIDSafe measures differ from state to state due to different government mandates, and these measures can change quickly depending on the state of play of the coronavirus. Retailers must be aware of and comply with any density requirements for the states in which they operate, and ensure foot traffic into the business does not exceed these density requirements during the high volume Christmas lead-up. https://insideretail.com.au//how-to-have-a-merry-covid-saf

24.01.2022 Understanding the latest in employment law enables managers and human resources professionals to identify issues and actions that have the potential to expose the business to legal and other risks. Especially during a global pandemic with continuously changing requirements, it can easily be missed. Managers and human resources professionals need to understand the risks involved in taking or failing to take certain actions during the employment lifecycle. HR Legal’s Hiring, Fi...ring and Everything in between training course is developed and delivered by leading workplace lawyers specifically for Managers, Supervisors and HR professionals. For more information see the link below. https://hrlegal.com.au//hiring-firing-and-everything-bet/

24.01.2022 Family & domestic violence is a critical national health and welfare issue, yet often an underappreciated workplace issue. Australian Human Rights Commission estimates violence from an intimate partner affects one in six Australian female workers and one in five women say the violence continues at work. Further, recent studies suggest that the COVID-19 crisis has only served to heighten the risk of FDV occurring. As such, it is imperative that your managers, directors and HR ...team understand the challenges that an employee’s exposure to FDV can present for them as an individual, as well as to the broader workforce, and learn how to support employees experiencing FDV while also managing legal risk. Join Partner, Georgie Chapman, together with Brianna Cattanach of Galagher Workplace Risk, on the 1st December 2020 for a Contact Officer Training workshop, that will outline: - What is family and domestic violence? - What are the minimum legal entitlements of employees experiencing FDV and the associated health and safety considerations? - How can workplaces support a team member who may be impacted, including those working remotely? Register for this event via the link. https://bit.ly/3mMMqyT

23.01.2022 Georgie Chapman recently contributed her thoughts to the team at Inside Retail regarding ‘what next’ now that the JobKeeper scheme has ended and the associated challenges that employers may face. In particular, Georgie suggests that employers should be mindful of the precarious financial situation they may find themselves in if they are unable to continue to run their businesses with current staff arrangements or whether organisational changes will be necessary. A further ch...allenge Georgie has highlighted is the end of the JobKeeper directions which afforded certain flexibilities for employers and provides helpful tips to assist employers should they wish to make ongoing variations to duties, hours or work locations after the JobKeeper scheme. You can read more via the link below. https://insideretail.com.au//jobkeeper-has-ended-now-what-

22.01.2022 Dean Armstrong chats through everything you need to know with the upcoming changes to the JobKeeper scheme. For further information or to get in touch with one of our team at HR Legal, call 03 9098 4303.

22.01.2022 How can businesses manage risks associated with casual employment? A recent decision by the Full Federal Court of Australia has sparked much uncertainty among employers relying on casual workers, with some now more cautious or reluctant to hire them. Many are hoping the government will intervene. In May, the court ruled in WorkPac Pty Ltd v Rossato that casual employees working regular and systematic hours with predictable periods of working time may be considered permanen...t employees, regardless of what their contracts say or whether they are paid a casual loading. The judgment means that some casual workers may be able to claim for entitlements not usually applicable to genuine casuals, such as annual leave, personal leave, compassionate leave and redundancy pay. It is, therefore, more important now than ever that employers review their casual employment arrangements to satisfy themselves that the engagement is properly characterised as casual, and that other appropriate protections are in place. https://www.intheblack.com//casual-employment-ruled-thing-

20.01.2022 Today is R U OK DAY, More than ever before, employers must acknowledge that psychological safety is as important as physical safety and employers need to take a proactive and holistic approach to managing mental health in the workplace. This includes upskilling leaders to understand their role in monitoring health of employees and acting early on any concerns, providing information to staff as to available supports (eg Employee Assistance Programs, community supports) and considering the appointment of Mental Health First Aiders. So today is a reminder to keep asking ‘R U OK’ to those employees around you, to break the stigma and generate and continue conversations that will benefit all. If you’re in need of assistance in understanding the requirements for workplace health & safety get in touch with our team at [email protected]

19.01.2022 Last week we spoke about the proposed changes to industrial relation laws the Federal Government introduced into parliament. These proposed changes include to insert a statutory definition of casual employees in the Fair Work Act for the first time. The definition will be changed from someone offered work without "firm, advance commitment" to continuing and indefinite work according to an agreed pattern of work, with an employee’s ability to reject work and receive a casu...al loading also relevant. Employers will also be required to offer eligible casual employees with a regular pattern of hours for at least 6 months to convert to permanent employment after 12 months’ service. The right to request casual conversion already exists in many modern awards and enterprise agreements but is proposed to be extended to all eligible casual employees at a federal level and the proposed changes go further to require employers to make an offer of casual conversion. It is important to bear in mind however that the proposed changes are not yet law, and will likely be subject to scrutiny and change as it progresses through Parliament. We will provide further updates as it unveils. In the meantime, you can read more in the article below or get in touch with our team at [email protected]. https://bit.ly/3ab35cr

18.01.2022 As 2020 has been a whirlwind of a year for many businesses across the globe - it has given all employers the opportunity to educate themselves and bring awareness to mental health within the workplace. Although taking the initial step to acknowledge this issue is important, there is more to managing mental health within the workplace, and there are no ‘silver bullets’. Want to find out more? Gain insight from industry leaders on how to strategically administer mental health in your workplace. Join Georgie Chapman on 23 November as she presents a webinar with Wombarra Consulting on A Strategic Approach to Mental Health and Wellbeing in the Workplace in collaboration with The Mental Health Coach. You can register for this webinar via the link here: https://thementalhealthcoach.com.au//a-strategic-approach/

18.01.2022 We recently provided commentary to Inside Retail around the low utilisation of annual leave due to the COVID-19 pandemic. Our insights show that looking to the future, we anticipate that we will continue to witness employers encourage staff to take leave where business is slow. Employers may encourage more flexible work arrangements to reflect the need for agile and versatile workforces. No doubt, businesses will review the key learnings from COVID-19 and we expect they will build in pandemic-related costs into budgets for the foreseeable future. Be sure to pick up the latest edition to read more.

17.01.2022 Our team conducted a recent survey finding that 31.61% of businesses who responded had at least one employee needing to quarantine during the pandemic so far. If an employer suspects an employee is unwell, do they have the right to ask that employee to take time off work and be tested? If the employee has to quarantine or isolate but has no leave available to them, how is their absence treated? Can an employee reasonably refuse an employer’s direction to stop work and be te...sted? Our team at HR Legal has been supporting clients to navigate these challenging circumstances while managing legal and commercial risks. For any questions or assistance during this time you can contact our team at [email protected]

17.01.2022 Family and Domestic Violence (FDV) is a critical national health and welfare issue. It can also be an underappreciated workplace issue - the Australian Human Rights Commission estimated violence from an intimate partner affects one in six Australian female workers. One in five women says the violence continues at work. Alarmingly, recent research indicated an increase of 6.7% from June 2019 to June 2020, with 88,214 family violence incidents reported to police, compared to 82...,651 and 76,093 during the same time in the previous years. Now, more than ever, your Managers, Directors and HR department must understand the challenges that an employee’s exposure to FDV can present for them as an individual, as well as to the broader workforce. Join Georgie Chapman, Partner at HR Legal and Brianna Cattanach, Principal Consultant at Gallagher Workplace Risk on, 19 April 2021 for an FDV Contact Officer Training workshop to help your teams understand how best to support employees experiencing FDV while also managing legal risk #familydomesticviolence #domesticviolence #employeesupport https://hrlegal.com.au//family-and-domestic-violence-cont/

16.01.2022 It is not the major overhaul anticipated, but a pared-back version of the Omnibus legislation (the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2021) addressing casual employment has received Royal Assent and taken effect. While the passed Bill provides much-needed clarity around the nature of casual employment, in this article, we explore the considerable impact the Bill’s passing will have for employers. https://hrlegal.com.au/changes-to-the-fair-work-act-regard/

16.01.2022 A reminder to all, that throughout stage 4 restrictions in Melbourne, even though Permitted Work Premises can remain operational, it is important to emphasise that they may only have employees on-site if it is not reasonably practicable for the employee to work from home. This means that some employees performing ‘Permitted Work’ may be doing so from home. HR Legal can assist employers with preparing documentation such as COVID Safe Plans and providing advice on the Directions and related government guidance materials. If you’re in need of assistance to navigate this constantly changing environment, please contact our team at [email protected]

15.01.2022 Georgie Chapman published an article in the latest issue of Inside Retail, speaking to the major expected changes to the future of the workforce off the back of the COVID-19 pandemic. COVID-19 has taught us that the unexpected may happen and contingency planning is worthwhile. There can be no doubt that the decisions that employers make today will impact on workplace culture once we get through this crisis. You can read a snippet here but be sure to pick up the latest issue of Inside Retail to read the full article.

14.01.2022 The JobKeeper scheme came to an end on Sunday, 28 March 2021, and there has been much discussion about the potential impact now that Federal Government support is no longer available to business in this way. As a result, there may be renewed challenges for employers with current staff arrangements or whether organisational changes might be necessary. Employers should take the time to review employee contracts to determine the remit of their ability to instruct an employee to... perform certain duties, hours and work at particular locations. Employers should also be aware that employees on JobKeeper directions will need to revert to their substantive terms and conditions of the employment contracts and/or applicable industrial instrument. If employers wish to make ongoing variations to duties, hours or work locations, then they will need to seek the employee’s consent or otherwise consider stand-downs in accordance with the Fair Work Act. HR Legal’s can support you through these changing times - get in touch at [email protected] to chat with us. We can help.

13.01.2022 As we shift into the festive season, an issue that should remain front of mind for employers is domestic violence. Family and domestic violence (FDV) is a critical national health and welfare issue. It is also an often underappreciated workplace issue, with the Australian Human Rights Commission estimating that violence from an intimate partner affects one in six Australian female workers. As we navigate the festive period, it is more important than ever to consider your obli...gations to employees working from home or flexibly in light of the COVID-19 pandemic and restrictions, with a large proportion of workforces continuing to work remotely and therefore without direct supervision. Employers have a legal obligation to provide a safe and healthy work environment for all employees, as far as reasonably practicable. This includes the consideration of both the physical and psychological safety of employees, and these obligations extend to where an employee is working from home. Read more in the link below. https://hrlegal.com.au/workers-compensation-case-emphasise/

13.01.2022 Under Stage 4 COVID-19 restrictions, from 11.59pm tonight, employees must carry worker permits in metropolitan Melbourne if they are required to work onsite. As an employer, it is your responsibility to ensure all essential employees have been issued with the permit. Workplaces which remain open in metropolitan Melbourne must also implement a COVID Safe Plan by 11.59pm Friday 7 August 2020. Due to a high volume of traffic on the Department of Justice website, Permitted Worker... Permit and COVID-Safe Plan templates are now available and ready to download from the HR Legal website. If you require any urgent COVID-19 assistance or information please contact [email protected] or phone (03) 9948 245 https://hrlegal.com.au/

13.01.2022 While the Australian Human Rights Commission estimates that violence from an intimate partner affects one in six Australian female workers, there is a further one in five that indicate the violence continues at work. These statistics need to change, but we must first educate individuals on the warning signs that team members may not be as safe as you think they are. The COVID-19 pandemic has brought this issue to the forefront in many workplaces and the time to act is now. I...t is time for managers, directors and HR teams to understand the challenges that an employee’s exposure to FDV can present for them as an individual, as well as to the broader workforce, and learn how to support employees experiencing FDV while also managing legal risk. Join Partner Georgie Chapman, together with Brianna Cattanach of Gallagher Workplace Risk, on 1 December 2020 for a Contact Officer Training workshop. This ‘how-to’ will see you walk away with not only insights to how you can support your team but also: A template FDV policy to support your workers; Team member support pack and related resources; Competition certificate to recognise your contribution in building a safe and resilient workplace. Register for this event via the link. https://bit.ly/3mMMqyT

12.01.2022 With the consistent changes to the Job Keeper initiative employees who started after 1 March but before 1 July 2020 may now be eligible to the benefits. Previously, employees were required to be on the business’s books as of 1 March 2020 in order to be eligible. This means that an employee will be an ‘eligible employee’ for a JobKeeper fortnight starting on or after 3 August 2020 if they: - are employed by the business (including those stood down or re-hired) at any time in t...he JobKeeper fortnight; - were employed by the business as either: * a full-time or part-time - employee, on 1 July 2020; or * a long term casual employee employed on a regular and systematic basis during the 12 month period that ended 1 July, and not a permanent employee of any other employer; - did not receive government parental leave/Dad and Partner Pay, or workers’ compensation payments for total incapacity, during the JobKeeper fortnight. - were 18 years or older on 1 July 2020 (if they were 16 or 17 they can also qualify if they were independent or not studying full time on 1 July 2020); - were an Australian resident on 1 July 2020 and are either an Australian citizen, the holder of a permanent visa, or a Protected Special Category Visa Holder. Employees that were previously eligible under the 1 March test continue to be eligible. For further information around the Job Keeper initiative, you can contact our team at [email protected]

11.01.2022 As the year wraps up, we’d like to thank everyone again for your continued support during what has been an extremely uncertain year. We look forward to connecting and sparking much-needed conversations in 2021. We wish you and your team a happy and safe holiday season. A reminder that our office will be closed from the 24th of December until 4th of January. Members of the team will be available over the holiday period to assist you with urgent issues. We can be contacted on 03 9948 2450 or alternatively, please send an email to [email protected]

11.01.2022 Understanding the legal issues associated with ensuring your workforce is fit for work can be a difficult and confusing task. If you’re wanting to understand this ever-changing area of business then you should sign up to our FREE webinar below. Dan Feldman will run you through a workshop on the 17th September that covers topics including: - The types of issues that can impact on fitness for work, both work-related and outside of work, with a focus on issues arising in relat...ion to COVID-19. - The interplay of different laws such as WHS, discrimination and workers compensation. - Opportunities to assess fitness for work as part of pre-employment screening and during employment. - Employers’ rights to discipline employees, including terminating employment for either refusing to undergo testing. - What to include in workplace contracts, policies and procedures You can still register for this FREE webinar via the link below. https://hrlegal.com.au/e/managing-fitness-for-work-webinar/

10.01.2022 REMINDER: Under Stage 4 restrictions in Melbourne Metro, businesses in Metropolitan Melbourne must be closed for onsite work unless they are a Permitted Work Premises. Further, Permitted Work Premises which remain open for onsite work must implement a COVID Safe Plan. Last week, Premier Daniel Andrews issued a reminder to employers that they could be fined $100,000 for failing to comply with social distancing, isolation or worker-permit requirements. ... In this continuing State of Emergency, it more important than ever that employers understand their obligations and ensure they are meeting Government requirements not only to avoid penalties, but more importantly, to ensure the safety of their workers and other visitors to workplaces. https://hrlegal.com.au/update-10-stage-4-restrictions-what/

10.01.2022 While the surge in COVID-19 cases continues, we aim to provide further updates on relevant employment law issues as and when they arise. Given the Victorian Government has ordered localised lockdown across 31 Melbourne & surrounding postcodes, if an employer needs to shut down all or part of their business due to such localised lockdown, the process to follow and the options available will be similar to the state-wide lockdown implemented earlier this year. - Stand down of E...mployees: Employers must give employees at least 3 days’ written notice of an intention to place them on a JobKeeper enabling stand down. - Changes to employee duties and location of work: it is important to bear in mind that employees who live or work in localised lockdown regions should avoid travelling to other regions for work where possible. - Requests to take annual leave: Importantly to note, employees receiving JobKeeper payments can be requested to take annual leave and/or take annual leave at half-pay, provided that the leave arrangement would not result in the employee’s leave balance falling below two (2) weeks (unless otherwise agreed), regardless of whether the employee is covered by an industrial instrument or not. For more information or suggestions on how to best navigate the transition back into your workplace, please contact our team at [email protected]

08.01.2022 With the recent surge in cases of COVID-19, extended lockdowns in Victoria, border closures and extension of JobKeeper scheme, employers continue to be impacted by the COVID-19 pandemic. It is now more important than ever for employers to be up to date with their legal obligations to employees in the current climate and plan for the future. Join Dan Feldman & Nikola Prestia in our upcoming webinar on the 5th August that will cover the current employment law landscape and rece...nt changes to government directives and modern awards. Updates regarding JobKeeper scheme, stand-downs redundancies and what to do if there is a confirmed COVID-19 case within your workplace. Our webinars are delivered free and online, we encourage questions from participants at any time during the webinar. We also run polls and questionnaires to keep you engaged and interacting. You can register for this FREE event here: https://hrlegal.com.au//update-employment-law-issues-surr/ See more

07.01.2022 After a mechanic’s work at a Moolarben Coal Mine concluded, his employer offered to redeploy him to its gold mine in Tomginley or its equipment workshop in Dubbo. The mechanic rejected the redeployment on the basis that both positions were too far to commute safely on a daily basis before and after a 10-hour shift. The Tomginley position required an additional 1 hour and 23 minutes commute each way, while the Dubbo position required an additional 52 minutes each way. The comp...any, however, argued that the mechanic’s employment terms contemplated a change of location due to the project nature of the business and that he may have to travel between the company’s locations and spend time away from home. The company therefore did not provide the mechanic with redundancy pay. The mechanic maintained he was entitled to 7 weeks redundancy pay under the National Employment Standards. While the Fair Work Commission agreed with the mechanic that the Tomingley position was unreasonable, it held that the Dubbo position constituted suitable alternative employment in light of the nature of the company and its rural location. On this basis, the Fair Work Commission ordered that the Company pay the mechanic a reduced redundancy entitlement of 5 weeks’ pay. https://bit.ly/2HjaXwq

07.01.2022 Many factors impact on employees’ fitness for work. Beyond the obvious issues of impairment caused by alcohol and drugs, or illness or injury, are other issues like fatigue or age. Employees affected by these differing issues create a significant risk to themselves and others at work. COVID-19 is raising additional issues around fitness for work. These can include returning an employee to work after having tested positive for COVID-19, or the risks of permitting employees w...ith certain medical conditions or in certain older age groups to perform certain on site work. Understanding legal issues associated with ensuring your workforce is fit for work creates a challenge for your Managers, Directors and HR team. Join us on the 17th September for a FREE webinar on managing fitness for work. You can register in the link below. https://hrlegal.com.au/e/managing-fitness-for-work-webinar/

04.01.2022 Employers have until 31 August 2020 to meet the wage condition for new eligible employees under the 1 July 2020 eligibility test. For the fortnights commencing on 3 August 2020 and 17 August 2020, the ATO is allowing employers until 31 August 2020 to meet the wage condition for all new eligible employees included in the JobKeeper scheme under the 1 July eligibility test. To claim JobKeeper payments for the August JobKeeper fortnights, including for new eligible employees included in the JobKeeper scheme under the 1 July eligibility test, employers must enrol for JobKeeper in respect to the new employees by 31 August.

04.01.2022 The newly refined JobKeeper Rules reduce, in two stages, the amount payable for JobKeeper 2.0 from $1,500 to one of two JobKeeper payment rates which depend on the hours the employee works, has paid leave and paid absence on public holidays (see details below). This two-tiered payment is intended to significantly limit the circumstances in which certain part-time employees or long term casual employees receive a higher amount through the JobKeeper scheme, as compared to their... usual wages for their ordinary hours of work prior to COVID 19 impacting their workplace. The first stage of the reduced rate takes effect from the JobKeeper fortnight beginning on or after 28 September 2020 (and ending on or before 3 January 2021) and the second stage takes effect from the JobKeeper fortnight beginning on or after 4 January 2021 (and ending on or before 28 March 2021). The two-tiered JobKeeper payment for the two extension periods is set out in the table below (in gross amounts). https://hrlegal.com.au/update-13-changes-to-the-jobkeeper-/

02.01.2022 Do you need a High-Risk COVIDSafe Plan? From 1.59am on Saturday 8 August, permitted businesses in ‘high risk’ industries must have a High-Risk COVIDSafe Plan in place that is regularly updated. A ‘high risk’ industry includes:... Construction (metro Melb) Warehousing and distribution (metro Melb) Supermarkets (metro Melb) Medical supply, pharmaceutical supply and personal protective equipment supply (metro Melb) Poultry processing (Vic) Abattoirs and meat processing (Vic) Seafood processing (Vic) See below for further information including the industry-specific Plan Attachment templates which must be completed and attached to the COVIDSafe Plan. https://www.business.vic.gov.au//covid-sa/covid-safe-plan

02.01.2022 Yesterday, WorkSafe Victoria introduced the Occupational Health and Safety (COVID-19 Incident Notification) Regulations 2020 (Regulations). The Regulations require: - Employers to notify WorkSafe immediately when they become aware an employee or independent contractor has received a confirmed COVID-19 diagnosis and has attended the workplace during the infectious period.... - Self-employed persons to notify WorkSafe immediately on receiving a confirmed COVID-19 diagnosis if they have attended the workplace during the infectious period. The infectious period begins on the date 14 days prior to the onset of symptoms or a confirmed diagnosis (whichever comes first), until the day on which the person receives a clearance from isolation from the Department of Health and Human Services. Employers or self-employed persons must notify WorkSafe on 13 23 60, or risk fines of up to $39,652 for an individual or $198,264 for a body corporate. The Regulations will remain in place for 12 months. https://www.worksafe.vic.gov.au//employers-must-notify-wor

02.01.2022 Now more than ever, it is imperative that employers, particularly Managers, Directors and HR professionals understand the challenges that an employee’s exposure to Family and Domestic Violence (FDV) can present for them as an individual, as well as to the broader workforce. On 19 April 2021, Georgie Chapman, Partner at HR Legal and Brianna Cattanach, Principal Consultant at Gallagher Workplace Risk will be conducting a FDV Contact Officer Training workshop. This workshop will... assist senior managers and HR professionals understand how best to support employees experiencing FDV while also managing legal risk and gain the skills to become a FDV contact officer in the workplace. The session will specifically cover: - What is considered best practice workplace policy and procedure in response to FDV - What workplaces can do to support a team member who - What considerations should be made regarding discrimination risks which may apply to employees experiencing FDV - Review of case studies exploring practical strategies and processes to best manage specific scenarios relating to FDV. You can still register your interest via the link below. Alternatively, if you wish to speak to one of our team about FDV please get in touch at [email protected] https://hrlegal.com.au//family-and-domestic-violence-cont/ #familydomesticviolence #domesticviolence #employeesupport

01.01.2022 The recent easing of many restrictions on Melbourne businesses has been cause for celebration, however, it has also been met with mixed feelings by some workers. While many are enthusiastic about returning to the usual workplace, others may experience re-entry anxiety after many months of working remotely or being stood down. In planning for reopening and a transition towards COVIDNormal, employers must consider not only the physical health and safety of workers including implementing COVIDSafe measures but also workers’ psychological health and safety. If you need assistance through navigating this time and supporting your team, please get in touch. Call 03 9948 2450 or email [email protected]. https://mobile.abc.net.au//some-melbournians-suff/12827778