Firstly, I'd like to extend a warm welcome to the newest
senior members of our team: Penny Stevens and Nicole Fauvrelle who
have joined the firm as partners this month and are based in our
Melbourne office. We also bid farewell to Paul Cutrone, who has
retired from the partnership this month after 17 years with the
In this issue, guest contributor Julie Honore, Managing Director
of health and safety search and recruitment firm
safesearch, talks about some of the emerging trends and
themes in the workplace health and safety landscape.
The model work health and safety laws have now been implemented
in most jurisdictions (Western Australia and Victoria excepted) and
we look at some of the developments under the national harmonised
laws. For example, under the model Work Health and Safety Act
2011 (Cth) (WHS Act), individuals and entities may be able to
enter into an enforceable undertaking for alleged or actual
contraventions of a workplace health and safety duty. We examine
some of the benefits and key considerations of this developing area
of compliance and enforcement.
We also saw the first prosecution of an individual under the
national harmonised WHS Act in the case of R v Kenoss
Contractors Pty Ltd. This decision is an important reminder to
individuals that all employees have a responsibility to ensure
safety in the workplace.
It's been 12 months since the introduction of the Australian
privacy law reforms. We reflect on how the Privacy Commissioner
intends to enforce the legislation, and review the significant
developments to date.
In Smith v Aussie Waste Management , the Fair
Work Commission found that swearing at a manager didn't warrant
dismissal. We consider whether this is reflective of a wider trend
in modern workplaces that expectations of standards of behaviour
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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An employee that refused a reasonable offer of settlement was ordered by the FWC to pay his ex-employer's legal costs.
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