Right to Disconnect - Fair Work Amendment Bill 2023

Is a General Protection under the Fair Work Act 2009 that prevents employers from contacting employees outside of work hours, further, employees are not required to monitor, read or respond to work communications from their employer outside of work hours.

Ask ISOsafe - Call Now 1300 789 132

〰️

Ask ISOsafe - Call Now 1300 789 132 〰️

In the first instance employers and employees will have to try to resolve a dispute between them at the workplace level, however, if they are unable to reach an agreement, an employer or employee (or a person or industrial association representing them) will be able to go to the Fair Work Commission to seek orders on this right.

The right does not prohibit employers from contacting their employees, nor does it prevent employees from contacting one another, including across time zones. Rather, the employee will be able to refuse to monitor, read or respond to contact, or attempted contact outside of working hours, when they are not expected to be working or paid to be working, so long as doing so is not unreasonable.

The changes take affect on 26 August 2024 for non-small business employers; and 26 August 2025 for small business employers.

Rules will apply when determining whether an employee’s refusal is unreasonable or not.

Unsure how to keep up with Fair Work changes and manage compliance? Get Help With the Fair Work Act today call ISOsafe on 1300 789 132

Closing Loopholes Act – Wage Theft Provisions

From 1 January 2025, intentional underpayments of wages by employers will be a criminal offence.

Ask ISOsafe - Call Now 1300 789 132

〰️

Ask ISOsafe - Call Now 1300 789 132 〰️

Employers may commit an offence if they owe money to an employee under the Fair Work Act or an industrial instrument (like an Award or an enterprise agreement), and intentionally engage in conduct that results in a failure to pay on or before the money is due. This can include failure to make required superannuation contributions.

A Voluntary Small Business Wage Compliance Code will be established before the changes take effect, and compliance with this Code means a small business won’t be prosecuted if they underpay their employees.

Companies prosecuted face penalties three-times the amount of the underpayment, if a court can determine it, or $7.825 million, whichever is greater. If the court can’t determine the underpayment, the maximum penalty is $7.825 million.

Individuals can be imprisoned for up to 10 years; be fined either three-times the amount of the underpayment, if the court can determine it, or up to $1.565 million, whichever is greater; or be both fined and imprisoned.

Does Your Business Need Help? For immediate assistance call ISOsafe 1300 789 132.

Increased penalties for WHS Act offences resulting from changes to Fair Work Legislation Amendment (Closing Loopholes) Bill 2023

Tougher penalties for offences under Commonwealth work health and safety laws are now in force across the Comcare jurisdiction.

The changes are part of the Fair Work Legislation Amendment (Closing Loopholes) Act that passed parliament in December 2023. The legislation amends the Work Health and Safety Act 2011 (WHS Act) to include:

Significant increases to penalties for Category 1 offences:

• $15 million for a body corporate or the Commonwealth (previously $3 million)

• $3 million for a person conducting a business or undertaking or an officer (previously $600,000)

• $1.5 million for any other person (previously $300,000).

Increasing all other WHS Act penalties by almost 40 per cent. The maximum penalties for Category 2 and 3 offences are now $2 million and $700,000 respectively for bodies corporate (previously $1.5 million and $500,000).

Need help to comply with Work Health Safety requirements? Call ISOsafe 1300 789 132.

An indexing mechanism to increase WHS Act and Regulation penalties annually in line with the national Consumer Price Index.

Industrial manslaughter and other work, health and safety reforms

Ask ISOsafe - Call Now 1300 789 132

〰️

Ask ISOsafe - Call Now 1300 789 132 〰️

New criminal responsibility provisions for bodies corporate and the Commonwealth.

The Closing Loopholes legislation also amends the WHS Act to introduce the offence of industrial manslaughter for causing a workplace death through negligent conduct or recklessness. The new offence will apply to officers and PCBUs. Taking effect on 1 July 2024, the offence carries maximum penalties of $18 million for bodies corporate or the Commonwealth and 25 years’ jail for individuals.

A further WHS Act amendment will establish a Family and Injured Workers Advisory Committee by the end of 2024. The Committee will provide advice to the Minister for Employment and Workplace Relations, and Comcare, on the support needs of those affected by a serious workplace incident and help inform relevant policies and strategies.

Source: https://www.comcare.gov.au/safe-healthy-work/prevent-harm/changes-to-whs-laws

Call ISOsafe for assistance with Work Health and Safety Compliance - 1300 789 132.

Changes to Fixed Term Employee Contracts

From 6 December 2023, new rules apply when engaging employees on fixed term contracts.

Changes to Fixed Term Employment Contracts

A fixed term contract terminates at the end of a specific period. This includes contracts where the employee is employed for a specific period.

The new rules include:

• a requirement for employers to give any employees they’re engaging on a new fixed term contract a Fixed Term Contract Information Statement (FTCIS).

In addition to the FTCIS, employers need to provide new fixed term contract employees with the Fair Work Information Statement.

• limitations on how fixed term contracts can be used.

There are some exceptions to who these rules apply to – more information can be found here

Limitations on using fixed term contracts

Source: The Fair Work Ombudsman (2023), www.fairwork.gov.au/

Ask ISOsafe - Call Now 1300 789 132

〰️

Ask ISOsafe - Call Now 1300 789 132 〰️

Modern Slavery Risk Advisory - Eliminate Modern Slavery Risks from your Supply Chain

ISOsafe offer Tools and Guidance to help your business end Forced labour, modern slavery and human trafficking in its Supply Chain

What is Modern Slavery?

Modern Slavery is the exploitation of individuals for the purpose of personal or commercial gain and is prohibited under Article 4 of the UN Declaration of Human Rights. It is defined by a range of practices that include: trafficking in persons; slavery; servitude; forced marriage; forced labour; debt bondage; deceptive recruiting for labour or services; and the worst forms of child labour and is visible in many global supply chains.

Ask ISOsafe - Call Now 1300 789 132

〰️

Ask ISOsafe - Call Now 1300 789 132 〰️

Modern Slavery Compliance Reporting Thresholds

Australian Commonwealth legislation, Modern Slavery Act 2018 (Cth), requires entities with an annual revenue of $100 million to publicly report on how they are managing the risk of modern slavery in their operations and supply chains.  The Act commenced on 1 January 2019.

Modern Slavery Act 2018 (NSW) is New South Wales (NSW) State specific legislation requiring entities with revenue above $50 million to monitor and report Modern Slavery risks. The Act came into effect on 1 January 2022.

How ISOsafe can help?

Our specialists work with you to:

• Identify your Human Rights Risks by assessing your organisation and your Supply Chain;

• Develop an Action Plan to enhance your Practices and Management Systems;

• Deliver training to your team to help them identify Modern Slavery Risks;

• Build Systems and Processes to close any Modern Slavery gaps in your Systems and Practices; and

• Develop Modern Slavery Statements for registration with the Attorney-General’s Online Modern Slavery Register.

Call ISOsafe today to start your Modern Slavery Compliance journey – 1300 789 132