Big changes for Victorian businesses regarding WFH and NDAs
Two significant changes are foreshadowed in Victoria for work from home (WFH) and sexual harassment non-disclosure agreements (NDAs) . . . and employers are not happy Jacinta!
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Topic
Workforce Arrangements
14 articles from our Tips & Trends archive.
Articles about Workforce Arrangements
Requests for Flexible Work Arrangements – Higher threshold for Employees
In Paul Collins v Intersystems Australia Pty Ltd [2025] FWC 1976 FWC made it clear that employees who make requests for flexible work arrangements (s 65 FW Act) need to demonstrate a clear and substantiated connection between their circumstances and the requested flexibility and the specific reason for the requested change.
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No Immunity from Redundancy During Leave or Flexible Work Arrangements
The FWC recently (Samuel Shilson-Josling v Atomic Search Pty Ltd [2024] FWC 3255 (25 October 2024) held that employees are not immune from redundancy while on leave or under flexible working arrangements provided operational issues necessitate it and the redundancy is genuine.
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Older worker's flexible work request and bid to preserve mental health rejected
The FWC (Fogo v Boeing Aerostructures Australia Pty Limited [2024] FWC 3037 (8 November 2024)) has dismissed a 61-year-old engineer's request to work remotely two days a week, citing no ‘objective and rational connection’ between his age to the need for flexible arrangements.
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How good are your return to work (RTW) plans for Psychosocial Injuries?
Worksafe’s (Vic) annual report provided further confirmation of what a number of WHS commentators have already known – that is, our RTW plans for mental health issues are ineffective, or worse keep, our injured employees ‘injured’.
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Employee refused flexible work request: ‘Employment relationship is a two-way street’
FWC Shane Gration v Bendigo Bank [2024] FWC 717 (15 April 2024) has rejected a high performing employee’s request to work solely from home to care for his wife who had a medical condition and school aged child because he failed to provide sufficient and consistent evidence to support his claim that he needed to work 100% from home.
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Same Job Same Pay (SJSP) Orders Take Effect
Whilst the new SJSP laws actually commenced on 15 December 2023 orders made under the new laws were unable to take effect until 1 November 2024. Momentum is starting to build for these types of applications.
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New definition of casual employment
You would be aware of the recent changes to casual employment including the introduction of an ‘employee choice’ pathway for conversion to permanent employment.
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Is that independent contractor really an employee? More complexity requires greater scrutiny
From 26 August 2024 there will be new definitions and criteria for determining whether a worker is an employee or independent contractor under the Fair Work Act.
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More clarity or confusion regarding the right to disconnect?
FWC recently provided an updated draft statement on the right to disconnect (click here). Stakeholders have until 1 August 2024 to provide submissions.
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Act quickly and transparently during a restructure - don’t delay consultation
FWC recently (decision click here) ordered compensation for a failure in consultation after the employer told the employee they were redundant months after deciding to restructure their team.
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Getting your staff back in the office - reasonably
FWC recently found (Charles Gregory Gregory v Maxxia Pty Ltd [2023] FWC 2768) an advisor with an inflammatory bowel disease (IBD) and custody pressures was unable to utilise the flexible work provisions to resist his employers request to return to the office 40% of the time in accordance with its Hybrid Work Policy.
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Public Holiday Compliance confirmed by High Court
Last week the High Court confirmed that employees must be given a choice as to whether they will agree or refuse to work on a public holiday. This now settles the law in this area.
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Work from home (WFH) cases - it is all about trust and genuine management
Two recent cases have shown a willingness for FWC to uphold an employer’s right to dismiss when an employee fails to comply with company WFH policies and procedures.
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