Recent Precedent 2013 - Issue 2

Posted on 30 May 2013

Workplace Law Update

The start of 2013 has seen a flurry of changes to our workplace laws. All business owners need to be aware of these changes and effectively manage the risk associated with these changes.

The Fair Work Act in 2013

The 2012 Report on the the operation and impact of the Fair Work Act 2009 made a number of recommendations for changes to the Act in order to encourage greater flexibility and productivity.

The Fair Work Amendment Act 2012 (the Act) represented the first component of the Government’s response to the Report. Some of the key changes include:

• A change to the structure of Fair Work Australia, which has been replaced by the Fair Work Commission

• The time limit for lodging unfair dismissal claim has been extended from 14 to 21 days and the time limit for lodging a general protections claim based on dismissal has been reduced from 60 to 21 days

• Working dads and partners are entitled to Dad and Partner Pay for children born or adopted on or after 1 January 2013.

Proposed Workplace Bullying Reform

On 21 March 2013, the Federal Government introduced the Fair Work Amendment Bill 2013 (the Bill) in direct response to the Report into workplace bullying. When enacted by Parliament, the Bill will allow a worker, under Part 6-4B of the Fair Work Act 2009, who has been bullied at work to apply to the Fair Work Commission for an order to stop the bullying. This is a significant development which will alter our workplace law landscape. We will keep you updated as further details and information about the new law become available.

Director’s Liability to Pay Company Debts

On 29 June 2012, the Commonwealth government introduced legislation to cause company directors to be personally liable for their company’s PAYG withholding and Superannuation obligations. Directors now need to implement workplace systems that ensure they have paid any outstanding PAYG or Superannuation liability, or risk incurring personal liability for debts.

Struggling to Keep Up?

Get us on your team to tackle the challenges these changes present to your business.