There have been a range of recent legal developments
that affect safety and human resources decision-makers. Further
information on these developments is available by clicking on the
hyperlinks below or at
Dismissed health & safety representative loses
In Kaskol v TNT Australia Pty Ltd , the Fair Work
Commission (FWC) was asked to determine whether or not a terminated
employee's actions constituted misconduct, or whether he was
acting in his statutory role as a HSR and was therefore immune from
complying with his employee obligations. In a win for employers,
the FWC held that employees acting in statutory roles are not
immune from compliance with their ordinary employee obligations. Click here to read more...
Proposed changes to taxation of employee share schemes:
good news for start-ups
The Commonwealth Government has released draft legislation to
amend the taxation arrangements of employee share schemes. By
unwinding the restrictive rules introduced by the former Government
in 2009, the legislation introduces wider tax concessions for share
and option schemes, which aim to make the schemes more
internationally competitive and supportive of start-ups in
Australia. The proposed changes are a welcome relief to the
cumbersome tax rules currently in place. Click here to read more...
FWC clarifies what it means to be bullied "at
A Full Bench of the FWC has clarified a central concept in the
anti-bullying jurisdiction established under the Fair Work Act
2009 (Cth), that is, what it means for a worker to be "at
work" when the bullying conduct occurs. For the purposes of
the anti-bullying jurisdiction, a worker being "at work"
will cover both the performance of work at any time or place by the
worker and the worker being engaged in some other authorised
activity. This decision makes it clear that to enliven the
FWC's anti-bullying jurisdiction, there must be an actual
connection between the bullying conduct and when the worker is
"at work". Click here to read more...
The Heavy Vehicle National Law: one year on
On 10 February 2014, the National Heavy Vehicle Regulator
introduced the Heavy Vehicle National Law 2012. The law's
introduction of the concept of chain of responsibility has resulted
in greater transparency and has improved public safety and
compliance. Further benefits introduced by the national law include
the removal of red tape and duplication caused by the overlap of
previous state laws. Click here to read more...
Proposed short-term mobility visa
The Department of Immigration and Border Protection has released
a proposal paper into the review of skilled migration and temporary
activity visa programs. The proposal would see the creation of
short-term mobility visas of up to 12 months for specialist
overseas, skilled workers, which may include intra-company
transfers and foreign correspondents. This visa subclass will apply
to personnel required for specialised work that is in
Australia's interests, such as executives coming to Australia
to set up divisions and subsidiaries of their businesses, or
software developers creating specialised programs for Australian
companies. Click here to read more...
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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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