Guidelines Released on the Re-employment of Older Workers in Singapore
The Singapore government intends to introduce re-employment legislation to take effect on 1 January 2012. The Tripartite Committee on Employability of Older Workers was charged with the task of working through the practical aspects of the re-employment legislation and producing guidelines for employers. The guidelines were finalised following a round of public consultation in late 2009.
The guidelines are not legally binding. Rather, they are intended to assist employers and employees to prepare for the implementation of the re-employment legislation in 2012. The guidelines identify good re-employment practices that employers are encouraged to adopt in advance of the legislation coming into effect.
To read more about this development, please click here.
Contributors: George Cooper, Partner, and Celia Yuen, Senior Associate
Significant Amendments to Impending Korea Industrial Relations Laws
On 1 January 2010, the Korean National Assembly passed a Bill significantly affecting labour unions and employers with unionised workforces. The Bill also sets out the timetable for implementation in 2010 and 2011.
The provisions, which were strongly opposed by unions 13 years ago, deal with:
- prohibiting employers from paying remuneration to full-time union officials (currently this is permitted); and
- giving legal permission for multiple unions to be established at a single worksite (currently each enterprise may legally only have one trade union).
To read more about this development, click here.
Contributors: George Cooper, Partner, and Celia Yuen, Senior Associate
Significant Changes to Victorian Equal Opportunity Act 2010
On 15 April 2010, the Victorian Government passed the Equal Opportunity Act 2010 (Act). The substantive provisions of the Act commence on 1 August 2011. The Act introduces new obligations that will impact employers with Victorian or Australia-wide operations, including a new duty to eliminate discrimination, sexual harassment and victimisation.
It also heralds a new era in complaint handling by the Victorian Equal Opportunity and Human Rights Commission by giving the powers to investigate discrimination, sexual harassment and victimisation even without a complaint and to issue compliance notices to employers.
These changes may foreshadow the future trend of legislative changes in other states and territories across Australia.
Read the full post here.
This entry was written by Kate Jenkins and Lisa Croxford.
Proposed Board Diversity Requirements in Australia
On 22 April 2010, the Australian Stock Exchange (ASX) released its much-awaited Exposure Draft of the proposed ASX Recommendations. The proposals mean that publicly listed clients will need to consider reviewing existing policies, or creating new ones, around board and company wide diversity initiatives. The impact of the ASX Recommendations is however not only limited to listed companies.
Read the full post here.
This entry was written by Kate Jenkins and Lisa Croxford.
New Paid Parental Leave Scheme Released
On May 4, 2010, the Australian Federal Government introduced draft legislation of Australia's first Paid Parental Leave Scheme. Australia is one of two countries participating in the Organisation for Economic Co-operation and Development (OECD) without a national paid parental leave scheme. The Bill will introduce up to a maximum of 18 weeks of government-funded paid parental leave for eligible parents of children born, adopted or placed on or after 1 January 2011.
Read the full post here.
This entry was written by Kate Jenkins and Lisa Croxford.
Reform of the Victorian Workers' Compensation System
On 11 March 2010, the Victorian Parliament passed the Accident Compensation Amendment Act 2009 (Vic) (Amending Legislation), which contains significant reforms to the workers' compensation legislation.
Continue Reading...Must Enterprise Agreements Provide for Compulsory Arbitration?
On 26 February 2010, the Full Bench of Fair Work Australia (FWA) upheld an appeal in Woolworths Ltd t/as Produce and Recycling Distribution Centres [2010] FWA 30. This was an appeal against the decision of Commissioner Smith, who refused to approve an enterprise agreement because it did not contain a compulsory arbitration procedure to settle disputes.
Continue Reading...Important High Court Decision Regarding OHS Regulation in NSW
On 3 February 2010, the High Court handed down its decision in Kirk v Industrial Relations Commission of
In addition to having significant implications for the conduct of prosecutions in
Final Productivity Commission Report Released
On 4 January 2010, the Productivity Commission's Final Report into Director and Executive Remuneration (Report) was released by the Federal Government.
The Report contains 17 recommendations covering areas such as remuneration principles and disclosures, shareholder engagement and conflicts of interest. In the main, these recommendations reflect those contained in the draft report, including the draft recommendations to restrict remuneration report disclosures to key management personnel and to simplify the remuneration report, and the draft recommendation that cessation of employment be removed as a taxing point for deferred equity subject to forfeiture.
Continue Reading...Strong Opposition from Korean Unions to Proposed Implementation of Laws
Korean Labour Minister Yim Tae-hee recently announced that the government intends to give effect to legal provisions with a significant effect on labour unions and employers with unionised workforces in early 2010.
The provisions set to take effect in 2010 deal with:
- prohibiting employers from paying remuneration to full-time union officials, and
- giving legal permission for multiple unions to be established at a single worksite (currently each enterprise may legally only have one trade union).