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Organisations that do not provide websites accessible to disabled persons risk disability discrimination claims. Partner Belinda Thompson and Senior Associate Joanna Musk report on best practice guidelines issued by the Australian Human Rights Commission (formerly the Human Rights and Equal Opportunity Commission) to assist organisations to achieve accessibility

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We look at employees' rights, and prohibitions, concerning freedom of association provisions; the operation of the Independent Contractors Act; limitations around the implied duty of good faith and fair dealing; and acceptable alternative employment in a transmission of business

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New fatigue requirements for long-haul transport drivers have been introduced in most states and territories. Partner Maryjane Crabtree, Senior Associate Ric Morgan and Lawyer Monique Carroll report

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We look at draft modern awards for 14 priority industries; changing trends in workplace drug-testing; restraints in fixed-term contracts; and Safe Work Australia takes shape

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We look at when garden leave may amount to an unreasonable restraint of trade; enforcing restraints in special services contracts; whether an employer can have a duty to dismiss employees; and penalties for employees who give inadequate notice of resignation

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We look at directions to undergo medical examinations; right of entry for unions; suspending employees; the Fair Pay Commission's wage-setting decision and a new remuneration cap for unfair dismissals

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We look at National Employment Standards; an employer's obligation to re-employ injured workers; the evidence of reasons for dismissal; implied term of mutual trust and confidence; and the six-month rule in a transmission of business

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We look at discrimination and an imputed disability; unlawful work stoppages; the implication of an entitlement to redundancy; protected action ballots; and who is responsible for workplace safety

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We report on union threats to disrupt work amounting to coercion; post-termination evidence justifying termination; Victorian legislation that will increase protection against discrimination for family responsibilities; and the need to consider alternatives for injured workers.

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We look at restrictions on industrial action orders; use and misuse of right-of-entry permits; challenging medical certificates; and false and misleading statements about union membership.

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The Rudd Government has completed the first phase of its labour reforms, with the Workplace Relations Amendment (Transition to Forward with Fairness) Bill 2008 (Cth) receiving Royal Assent on 25 March 2008. Partner Peter Arthur and Senior Associate Veronica Siow outline the key features of the new legislation

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We look at summary dismissal for dishonesty; an employer's responsibility for bullying; the implied duty of good faith and mutual trust and confidence; and a personal services business determination under the results test

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The new Federal Government has taken its first steps in reforming our national workplace relations laws. Senior Associates Luke Gattuso and Joanna Musk report

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In this issue we look at a case in which an employer was held vicariously liable for a serious assault on an employee by a co-worker; a new Act regulating wage deductions; the Federal Government's proposed reforms to occupational health and safety and workers' compensation; and exemptions from equal opportunity obligations

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We look at pattern bargaining; whether a redundancy policy forms part of an employment contract; summary dismissals; and the vicarious liability of an employer for the actions of its employees

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We look at considerations in determining whether an employer is a constitutional corporation; a breach of an employee's duty of fidelity justifying dismissal; whether an agreement can be made void by misleading information; and certain employers' obligations under anti-money laundering and counter-terrorism financing legislation

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We report on the Australian Labor Party's workplace relations policy; the Federal Court's reprimand of the Commonwealth regarding annual and flexitime leave to attend an anti-WorkChoices protest; post-employment restraints; and successful appeal in a 'genuine operational reasons' application

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In this issue we look at how company policies can form part of an employment contract; the genuine operational reasons exemption to unfair dismissal laws; and the meaning of 'ordinary hours' when determining compensation paid in lieu of notice

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We report on an employer's liability for an employee's theft; a minimum wage increase; the new fairness test; 'award derived conditions'; and a revised remuneration cap

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From 20 July 2007, employers must provide employees with a copy of the Workplace Relations Fact Sheet issued by the new Workplace Authority (within seven days for new employees, and by 20 October 2007 for existing employees). Senior Associate Joanna Musk reports

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In this issue we report on unfair dismissal exclusions; the Federal Court's consideration of the meaning of accessorial liability; and amendments introducing a new basis for unlawful discrimination complaints in Victoria

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New tax rules for 'employment termination payments' (formerly 'eligible termination payments') take effect from 1 July 2007. Senior Associates Gaibrielle Germanos and Veronica Siow report

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In this issue: we look at the WorkChoices 'fairness test'; the Australian Labor Party's industrial relations policy; whether options for industrial action are allowable in secret ballots; and protected action ballots in support of multi-union agreements.

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We look at the recent Federal Court decision to shut down the Tristar enquiry; the validity of the Comcare scheme; deficient notices of industrial action; and the requirement of employers to prove reasons in unlawful termination claims

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We look at AWAs and duress; prejudicial organisational changes; bonus payments as remuneration in unfair dismissal claims; excluding state long-service leave laws under federal agreements; and industrial action taken because of safety concerns.

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Penalties for a breach of the Workplace Health and Safety Act 1995 (Qld) that results in fatality are on the increase following a recent decision of the Queensland Industrial Court, in which it imposed an $80,000 fine on a school. Senior Associate Simon Dewberry and Lawyer Stacey Van der Meulen report

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In this issue we examine a landmark NSW Supreme Court decision on implied duties; complaint-handling procedures; the AIRC's powers in relation to union rights of entry; what is required to prove sex discrimination; and probationary and qualifying periods on a transmission of business

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We look at 'operational requirements' and unfair dismissal claims, directors' obligations for safety breaches, whether workers' compensation is regarded as paid sick leave in claims for unlawful termination, and the legitimacy of terminating a certified agreement as a bargaining strategy

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An offer of employment in a redundancy situation need not be on identical terms for it to be considered 'acceptable alternative employment'. However, it needs to be substantially similar and no less favourable than the terms and conditions which applied at the time of redundancy. Partner Jamie Wells and Lawyer Fiona McPhee report on the approach of the Australian Industrial Relations Commission to the Feltex Australia administration

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We report on ramifications for employers when dismissing union officials, public interest considerations in terminating workplace agreements and whether non-profit organisations constitute trading corporations for the purposes of WorkChoices

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The appeal to the High Court arising out of the Full Federal Court decision in Arms v Houghton [2006] FCAFC 46 is challenging the notion that where an employee engages in misleading or deceptive conduct in the course of their employment, the employee can in certain circumstances be held personally liable and cannot hide behind the corporate veil. Partner Steve Clifford and Articled Clerk Chris Carr discuss the Full Federal Court decision, the appeal and the possible implications of this case

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We report on developments with the WorkChoices legislation over the past 24 hours, which has included the result today of the High Court challenge, and proposed changes to the legislation released by the Federal Government

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We report on restraints against employees accepting unsolicited instructions from clients of former employers, how protected action and side agreements containing prohibited content can go together, protected action supporting claims to guarantee employee entitlements and how contractual rights to entitlements and protections from industrial instruments may be incorporated into an employment agreement

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We report on what is required to show a termination was for a genuine operational reason, the incentives to self-insure for multi-state employers and a case highlighting differences in upstream OHS obligations

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Workplace Relations Minister Kevin Andrews today announced changes to the Workplace Relations Regulations 2006, extending the deadline for employers to meet the new WorkChoices record-keeping obligations

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Following the introduction of WorkChoices, the West Australian State Government has made a number of significant changes to the state's workplace relations regime. Senior Associate Rowan Kelly reports on some of these changes

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We report on the new WorkChoices rules requiring ballots before protected action, additional liabilities for workplace accidents, state industrial laws post-WorkChoices and occupational health & safety reforms

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We look at a recent Federal Court decision regarding AWAs and duress, the extension of damages on termination, policies forming part of an employment contract, unfair dismissal and genuine operational reasons, and the Independent Contractors Bill

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We look at whether an employer can be held responsible for the negligent actions of an independent contractor, suppression orders in sexual harassment matters, strict liability for OH&S, orders for specific performance, and when an employer's general obligation to safety is not absolute

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In this edition, we look at inaccurate information given to employees when offering AWAs, sexual harassment, industrial stand-offs and bargaining periods, the rights of labour hire workers, and proposed changes to the New South Wales occupational health and safety legislation

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We look at indirect discrimination, an employer's duty of care to an independent contractor, bargaining periods initiated before WorkChoices, and changes to the recordkeeping regulations

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We discuss the new WorkChoices legislation; restraint of trade clauses; employer liability for employee theft; probationary and qualifying periods; and discrimination

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In this issue, we look at restraining unlawful industrial action; inconsistent enforcement of a dress policy; AWA restraint clauses; influence of contract terms on nature of relationship; and an AIRC order restraining the NSW Commission

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In this month's edition, we look at the need for precision in drafting employment contracts; the effect of recruitment preference clauses; conduct repudiating a contract of employment; whether a reorganisation involves redundancy; and the effect of misleading conduct during pre-employment negotiations

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In this issue: we look at the impact of the Federal Government's workplace relations legislation; liability for OHS failures; claims pertaining to the employment relationship; and extended section 127 orders

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In this issue we look at an AIRC decision endorsing a Work Choices protest; the limited scope of coercion; unfair dismissal and eligible termination payments; union activities protected under freedom of association provisions; and managers' responsibility for workplace safety

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We look at coercion of subcontractors; bargaining about contract labour; workplace privacy; age discrimination; and unfair termination where a new appointment results in a demotion

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The Federal Government's proposed workplace relations reforms

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We look at matters pertaining to the employment relationship; a High Court challenge to the Federal Government's industrial law reform advertising campaign; ACTU wage claims; right to insist on medical examinations; and OHS risks for designers, manufacturers and suppliers

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The NSW Workplace Surveillance Act 2005 comes into effect on 7 October 2005. Partner Peter Jones outlines the Act's main features

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Certified agreements that leave matters open for agreement may be invalid according to a recent Federal Court decision. Senior Associate Andrew Cardell-Ree considers the potentially devastating implications for existing certified agreements

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The Building and Construction Industry Improvement Act 2005 was passed unamended by the Senate on 7 September 2005 and received Royal Assent on 12 September. Senior Associate Rowan Kelly outlines some of the Act's effects

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We look at the family provisions test case; matters pertaining to the employment relationship; difficult employee behaviour and disability discrimination; unfair contract claims; safety of labour hire workers; and contractual duties to protect from bullying and vilification

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Submissions on the Western Australian draft Code of Practice on Working Hours are due by 16 September 2005. Senior Associate Rowan Kelly outlines some of the Code's recommendations

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On 1 August 2005 a new General Order of the Western Australian Industrial Relations Commission Commission took effect. Importantly for employers in WA, the changes introduced by the General Order may increase their responsibilities and obligations upon termination, redundancy and the introduction of changes that are likely to have significant effects on employees.

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We look at two Federal Court decisions relating to certified agreement terms, the jurisdiction of coal mine inspectors, and the issue of redundancy payments for workers offered employment with a new employer.

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Following the lapse of ASIC relief from the AASB 1046 requirements, directors' and executives' remuneration must now be disclosed in financial reports of listed schemes or unlisted schemes that have 100 or more retail investors, as Lawyer Janna Vynokur reports

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In this issue we look at strict obligations imposed under the NSW OHS laws; a workplace policy on sexual harassment fails to prevent employer liability; the new NSW Workplace Surveillance Act

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A new law introducing an offence for a death in the workplace came into force last week in New South Wales. The Bill passed rapidly through Parliament and will impact on directors and officers. Victoria will also have significant occupational health and safety changes in force within the next few weeks. Lawyer Ric Morgan reports on these developments

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New provisions of the Occupational Health & Safety Regulation 2001 (NSW) relating to long-haul driver fatigue are now in force

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We look at the Howard Government's workplace relations overhaul, indemnity costs in an unfair dismissal case, and union representation in a non-union negotiation

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The New South Wales Government has released a revised Bill that will amend the Occupational Health and Safety Act 2000 (NSW). The new Bill, currently a consultation draft, addresses many of the problems in the previous proposal that was withdrawn in April following sustained criticism. Partner Peter Arthur and Lawyer Ric Morgan examine the changes proposed by the new Bill

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We look at a High Court decision regarding reinstatement of an employee psychiatric illness damages claims; greater protection for injured workers from workplace prejudice; unfair commercial contracts; and industrial relations reform in Queensland

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Last Friday the New South Wales Government announced that the long-awaited amendments to the Occupational Healthand Safety Act 2000 (NSW), which would have doubled penalties for workplace fatalities and allowed a jail sentence for first offences by directors and managers, will not be introduced to parliament

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We look at a Full Bench AIRC decision regarding certified agreement clauses; directors' liability for industrial manslaughter; a decision restricting the AIRC's discretion when considering termination of expired certified agreements; and implied terms about redundancy

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The High Court has given further guidance on the circumstances in which a 'transmission of business' will occur for the purposes of the Workplace Relations Act 1996

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In December 2003 we reported that Amcor Limited had been granted special leave to appeal to the High Court of Australia from the Federal Court's decision entitling employees to redundancy payments as the result of a demerger. AAR successfully represented Amcor on appeal, with the High Court unanimously upholding Amcor's appeal and finding that none of the employees' positions became redundant on the demerger. Partner Julian Riekert and Senior Associate Rebecca Davern report

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The Federal Workplace Relations Minister has outlined the principal features of the government's planned new workplace relations system, explains Partner Peter Arthur

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We look at preventing employees from leaving to work for a competitor; AWAs and state industrial laws; and what employers can ask job applicants about criminal records

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In January 2005 we reported on a redundancy test case being heard in the NSW Industrial Relations Commission. The Commission has now handed down its decision, with the result that the employer's application to be exempted from giving severance pay has been unsuccessful. Partner David Cross reports

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Two large mining companies have launched a challenge in the New South Wales Court of Appeal to test the legitimacy of the Occupational Health & Safety Act. Partner David Cross looks at the case and its ramifications

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We look at the protected status of industrial action; workers' compensation benefits; negotiating certified agreements; offshore petroleum OHS legislation; and contract negotiations

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The NSW Industrial Relations Commission has just finished hearing a test case to determine the entitlement of employees to receive redundancy pay in circumstances where they have retained employment with a purchaser of the business

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We look at post-election workplace relations reform; common rule awards; restraint of trade clause enforced; the end of the unfair breach of contract claim; discrimination against casual teachers; and risk assessments

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We look at continuing uncertainty caused by the Electrolux decision; the service of an employer's notice of lockout; compensation or reinstatement for redundant workers; workplace bullying fines for directors; and vicarious liability for unauthorised acts of employees

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Long-awaited amendments to the Occupational Health and Safety Act 2000 (NSW), which double penalties for workplace fatalities and allow a jail sentence for first offences by directors and managers, have been tabled by the NSW Government

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We look at right of entry requirements; terminating employment on the grounds of a physical disability; Queensland's unfair dismissal jurisdiction and parental leave and part-time work

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The Victorian Law Reform Commission's Workplace Privacy Options Paper proposes two options for reform that are significantly different from the current position, reports Senior Associate Rebecca Davern

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We look at how the High Court has limited the content of certified agreements; the vicarious liability of employers in sexual harassment claims; unfair contract claims for employees who earn more than $200,000 a year; and implied rights to redundancy payments

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Industrial relations is likely to become a central issue in the forthcoming federal election, report Lawyers John Naughton and Nico Burmeister

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We look at bypassing unfair contract claims; personal liability for OHS offences; a review of the Disability Discrimination Act; and the subtle distinction between damages claims relating to employment and termination

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We look at a recommended new industrial manslaughter offence; new age-discrimination legislation; limits on unfair contract actions; a new workplace health and safety advisory standard; the duty of employers to prevent psychiatric harm; and protection for emergency workers and defence reservists

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We look at an appeal over workplace bullying fines; common enterprise agreements; limits on union right of entry; unfair contracts and insolvency; and OHS penalties in the construction industry

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AAR has analysed Chris Maxwell's recommendations for overhauling Victoria's OHS legislation, focusing on the legal impact on Victorian employers, corporations and businesses. Our analysis has revealed that the adoption of Maxwell's recommendations will extend and tighten OHS duties under the legislation

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We look at changes to the federal award severance scale, workplace bullying, deciding when a labour hire company is an employer, and three articles about workplace privacy issues

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Partner Julian Riekert and Articled Clerk Tess Hardy report on the outcome of an appeal against a ruling that compensated a woman who claimed discrimination by not being allowed to work from home

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We look at whether picketing can be protected industrial action; injured employees; a principal contractor's liability to a subcontractor's injured employee; developments in NSW OH&S law; RSI issues for employers; and unlawful discrimination

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We look at a NSW draft Bill to regulate workplace surveillance; the decision in the Redundancy Test Case; proposed Workplace Relations Act amendments; new transmission of business provisions; and no expansion of federal unfair dismissal laws

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We look at union recognition clauses in certified agreements; the balance of family responsibilities with workplace relocation; how the industrial relations landscape may change if the ALP won the forthcoming federal election; that a lack of suitable positions for employees who are unfairly dismissed may be no bar to reinstatement; and the right of unions to enter a site

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A number of fatal accidents on construction sites and the forthcoming proposals to occupational health and safety laws based on the findings of the Cole Royal Commission into the construction industry, are forcing commercial developers, and builders to consider their OH&S obligations. In this Focus we outline the OH&S obligations imposed on various parties and the implications of the non-delegability of the statutory duties

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WorkCover inspectors plan to visit more than 500 building construction sites in Victoria to assess workplace sun protection policies and procedures and their effectiveness

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Partner Adrian Chek discusses the recently introduced New South Wales provisions imposing payroll tax on employer contributions to employee share schemes

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We look at the risks associated with restructuring and outsourcing; dealing with employees who have initiated unfair contract actions; the impact of a good OHS record on penalties; and the ramifications of common rule awards in Victoria

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We look at the High Court's consideration of redundancy issues; casual employees and unfair dismissal; a review of this year's directions in OHS; unfair contract jurisdiction; and maternity leave and part-time work

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We look at discrimination complaints; unfair contracts and amendments to federal workplace relations legislation

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The use of asbestos in Australia will be banned from 31 December this year. The ban is intended to prohibit the importation, storage, supply, sale, installation, use or re-use of products containing asbestos

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We look at compulsory superannuation contributions for casuals; part-time work after maternity leave; legal risks that arise from employment negotiations; how taking a hard line at conciliation can prove costly; and the desirability of finalising settlement terms at the conciliation conference

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We look at the pitfalls of restructuring as a means of diminishing union influence in the workplace, changes to severance entitlements in Queensland, terminating expired certified agreements, drug dependence and workplace discrimination, and redundancy developments in WA

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We look at the outcome of the Emwest appeal drafting deeds of release cashing out long-service leave; employees of labour hire companies being eligible for union membership; the creation of a new Australian tort of invasion of privacy; and avoiding discrimination when managing employee sick leave

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We look at variation of certified agreements; a new Bill that will boost the Australian Industrial Relation Commission's powers; dispute resolution clauses; deeds of release and unfair dismissal claims; and seeking a long-term commitment from prospective employees

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A recent High Court decision has further extended the boundaries for 'nervous shock' claims, by finding that an employer has a duty of care to prevent its employee's children suffering psychiatric harm as a result of injuries to the employee at the workplace. This duty can arise even if the children did not witness the event and are only told about the accident, reports Senior Associate Miriam Morgan-Hobbs

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This month, we look at the scope of unfair contract claims; resignation and pro rata long service leave; ownership of inventions created by employees; a broad approach to the OH&S and disability balance; transfer of employment; and mitigation of loss in unfair contract claims

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We look at sick leave and medical certificates; severance pay; preference clauses; termination of AWAs; employers' grooming policies; choice of super funds; and health and safety amendments in Queensland

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In the first of a two-part series examining the final report of the Cole Royal Commission into the building and construction industry, Partner David Cross looks at the main recommendations in terms of industrial relations

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We look at transmission of business hurdles; implied terms in EBAs; the barring of bargaining fees; remedies for unfair redundancy selection processes; time limits for discrimination claims in NSW; exemplary damages; and an analysis of the Cole Report

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We look at the concept of constructive dismissal; the classification of a worker as an employee or independent contractor; the genuineness of a paper dispute; the challenges that employers face in relying on workplace policies; refusal to participate in a rehabilitation program; garden leave; and anti-discrimination legislation changes

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Partner Peter Jones and lawyer Daniel Cunningham explain that employers need to take particular steps to ensure that their employees can sell recently issued shares

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We look at agreed grievance procedures; contracts of employment; OHS and discrimination obligations; accommodating disabled employees; and remedying a defective redundancy

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We look at union bargaining fees in enterprise bargaining, unfair contract jurisdiction, a new ruling on ETPs, the dismissal of employees with a disability, redundancy entitlements, and workplace privacy obligations in the sale of a business

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This month we look at picketing as a species of protected action; releases; transmission of business; significant changes to WA labour relations; rehabilitation of injured employees; the Emwest appeal; and likely Victorian reforms

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As the dust settles after the 30 November 2002 Victorian State Election, the picture that is emerging for industrial relations in Victoria in the next few years starts to become clearer