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A Failure to Consult: The Fair Work Commission...

Making logical changes to workplace processes should be simple and straight forward. However, a recent decision of the Fair Work Commission (FWC) confirms that employers still need to make sure they follow the additional step of proper employee consultation, or risk a poor outcome in the Commission. This means managers need to ensure employees' feedback has not only been sought, but also be able to demonstrate how employee feedback has influenced the process and been accounted for in the final outcome(s).  

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Firm News

Hicksons recognised in Doyle’s Guide 2024

We are delighted to be recognised as a leading law firm in the 2024 Doyle’s Guide across the following categories:

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Firm News

Special Counsel Kezia David Named Among...

Special Counsel Kezia David recognised among Australasian Lawyer’s Elite Women 2024 for excellence in insurance law.

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Smart Company: Burke hoses down fears that Canberra is seeking a blanket WFH right for award workers

Smart Company: Burke hoses down fears that Canberra is seeking a blanket WFH right for award workers

“The Fair Work Act already accommodates a right to request flexible working arrangements which can include working from home.”
Blog
Respect at Work: Introduction of the Anti-Discrimination and Human Rights Legislation Amendment Bill 2022

Respect at Work: Introduction of the Anti-Discrimination and Human Rights Legislation Amendment Bill 2022

In March 2020, the Australian Human Rights Commission released the ‘Respect@Work: Sexual Harassment National Inquiry Report’ (Report) following almost two years of inquiry into the sexual harassment in Australian workplaces
Blog
The ‘Gig’antic Changes Coming Our Way - Deliveroo Rider Not An Employee

The ‘Gig’antic Changes Coming Our Way - Deliveroo Rider Not An Employee

Last year has seen an emerging trend where judges are evolving and changing the way we identify and categorise principal-contractor relationship and employer-employee relationship.   In the aftermath of the High Court judgments earlier this year, including Construction, Forestry, Maritime, Mining And Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 (Personnel Contracting) and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 (Jamsek)), we are seeing rapid changes in judges’ view on these commercial relationships.  
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COVID-19 and Vaccinations – The balance employers need to strike

COVID-19 and Vaccinations – The balance employers need to strike

Australia’s employment laws and regulations can be complex when applied to real world situations. Complexity, change and adaptability are challenges that all business and their employees are having to negotiate across 2021 and into 2022. As COVID adapts into increasingly threatening strains, organisations are forced to respond with new policies and approaches to reflect our changing circumstances. Some, but not all, of those changes are either mandated or guided by Government directions, laws and responses. Additionally, not all government directions cover all situations or industries.
Blog
Did the Deed Discriminate? – Short facts about Discrimination law in Australia

Did the Deed Discriminate? – Short facts about Discrimination law in Australia

Modern approaches to discrimination acknowledge that people are legally entitled to equitable treatment.
Blog
Discrimination Policies – Implementation is as important as Intent

Discrimination Policies – Implementation is as important as Intent

Discrimination and harassment are currently under a worldwide spotlight and a significant issue with workplaces and service delivery organisations, including education providers
Blog
Modern Slavery: the implications for your business

Modern Slavery: the implications for your business

NSW has passed the Modern Slavery Act 2018 (NSW) (the NSW Act) and the Modern Slavery Bill 2018 (Cth) (the Cth Bill) has passed the House of Representatives and will now go before the Senate.  
Blog
When can the unqualified be qualified? Non-lawyers engaging in legal practice - when is it OK and when is the law broken

When can the unqualified be qualified? Non-lawyers engaging in legal practice - when is it OK and when is the law broken

Only lawyers can provide legal advice, but anyone can provide legal information. When thinking of the difference, you might ask your friend or colleague to provide information about a serious illness; however you would seek out a qualified medical professional in relation to its treatment.
Blog
HR managers personal assets are on the line - The fears are real and getting worse

HR managers personal assets are on the line - The fears are real and getting worse

In today’s Australian workplace relations climate, there is genuine potential for HR professionals to be personally liable to pay money where claims are successful.
Blog
122 Modern Awards - a confusing maze for business

122 Modern Awards - a confusing maze for business

The Fair Work Ombudsman is vigorously prosecuting employers for breaches of awards and the Federal Court are making orders for very significant civil penalties where breaches are established.
Blog
The duty is mine and yours: managing fatigue in mining

The duty is mine and yours: managing fatigue in mining

Mining employers have far reaching WHS responsibilities when it comes to contractors and employees. It is essential that employers consider all possible risks and build a strong management plan around them to avoid any liability. This extends to managing the risk factors and causes of fatigue, which is a major contributing factor to incidents in the mining industry. Fatigue is a state of exhaustion caused by physical or mental exertion.

  • 29 Mar 2017

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