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In Australia, the employee relations sector is experiencing a period of change as significant workplace relations reform continues. These reforms will have a direct impact on businesses in all industries, particularly how they structure industrial agreements, union negotiations, relationships with employees and how this influences your competitive advantage. Our understanding of the limitations faced by clients and the impact of changing laws means the team approaches client issues on an individual basis and we work with clients to provide tailored and innovative solutions. Established in 1871, Freehills now dedicates more than 90 legal staff to its employee relations practice, making it Australia's largest and most experienced. It is considered by many as the leading employment practice in the country. The group has substantial experience across Australia's key industry and government sectors, giving it an understanding of practical and commercial industry concerns. Key service offerings include employment law, workplace relations, equal opportunity, discrimination and diversity, privacy, occupational health and safety and training.

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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.

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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.

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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.

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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 New South Wales (2010) 239 CLR 531. The decision strongly criticised the approach to prosecutions under the Occupational Health and Safety Act 2000 (NSW) (OHS Act) and dismissed the attempted right to prevent appeals from that jurisdiction to the Supreme Court of New South Wales.

In addition to having significant implications for the conduct of prosecutions in New South Wales, the decision is likely to impact the way in which prosecutions are defended under occupational health and safety legislation in all Australian states and territories.

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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.

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Legislative Amendments to Executive Remuneration in Australia

As the current economic crisis continues to affect the corporate sector with depressed share prices and rising unemployment, there is increased scrutiny of executive remuneration taking place in Australia. In particular, strong media criticism of termination payments to executives has resulted in a plethora of reform proposals from stakeholders designed to curb executive salaries and termination payments. Continue Reading...

The Fair Work Act - Australia's New 'Forward with Fairness' Workplace Legislation

On July 1 2009, the Fair Work Act 2009 (Cth) came into effect, replacing the Workplace Relations Act 1996 (Cth). The Act significantly changed the industrial relations landscape in Australia.

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