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Safe Work Australia releases guidance note on "Reasonably Practicable"
Safe Work Australia has recently released its guidance note entitled "How to determine what is reasonably practicable to meet a health and safety duty" (the Note). The Note provides guidance on the standard of workplace health and safety that a person conducting a business or undertaking (a PCBU) must meet under the model Work Health and Safety Act and regulations. In particular, a PCBU is required to do what is 'reasonably practicable' to ensure workplace health and safety. The Note provides guidance to assist in determining what is reasonably practicable: Step 1: Identify the circumstances, hazards and risks: Indenify what the circumstances are; Indenify the hazards arising from the work, environment; or things used to carry out the work; Review the risks associated with the hazards and how serious they are; Undertake consultation. Step 2: Determine what can be done: Decid...
18 June 2013Annual Wage Review 2013 Increase
Earlier this week, the Fair Work Commission (the FWC) handed down its fourth annual wage review under the Fair Work Act 2009. As a result of the review, modern award minimum wages will increase by 2.6 percent from the first full pay period on or after 1 July 2013, with commensurate increases in hourly rates on the basis of a 38 hour week. The increases will also apply to transitional Australian Pay and Classification Scales, State Reference Transitional Awards and Division 2B State Enterprise Awards. Wages in the National Training Wage Schedule will also be adjusted. The national minimum wage will be increased to $622.20 or $16.37 per hour. This is an increase of $15.80 per week or 41 cents per hour. These increases also apply from the first full pay period on or after 1 July 2013. In determining the wage increase, the FWC considered that the superannuation guarantee rate inc...
6 June 2013Poaching Employees and hidden legal restraint risks involved
In a NSW Supreme Court decision handed down by Chief Justice Bergin on 1 May 2013, the court took the unusual step of awarding costs against a non-party employer (Talent2) in a restraint case. Talent2 funded a poached employee's defence to restraint of trade proceedings brought against him by his former employer (HRX). Talent2 was a direct competitor to HRX in the human resources market. HRX became aware of the former employee's new position and it sought to protect its legitimate business interests by seeking undertakings from both Talent2 and the employee. The undertakings required the executive to cease soliciting HRX's clients and to cease working for Talent2 pursuant to the employee's non-solicit and non-compete obligations in his contract of employment with HRX. Talent2 funded the employee's defence, as it initially thought his case was strong and there was benefit for Talent2 in supporting him. However, once Talent2 realised during litigation that ...
31 May 2013