Sarina L Cowle & Associates

02/05/2024

29/06/2023

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19/04/2022

New Victorian OHS regulations dealing with psychosocial hazards

The Victorian government intends to make employers more accountable for the mental health of their staff. These amendments relate to what is termed "psychosocial hazards" and will be included in the Occupational Health and Safety Regulations 2017 (Vic).

'Psychosocial hazards' means any factor in the design, systems, management, or carrying out of work which may cause an employee to experience a negative psychological response that creates a risk to health and safety. The definition also extends to personal or work-related interactions. It will include bullying, s*xual harassment, aggression or violence, exposure to traumatic events or content, low or high job demands, lack of support or organisational justice, role clarity, poor environmental conditions including remote or isolated work, poor organisation and change management, low recognition and reward, and poor workplace relationships.

Employers need to prepare for the above as it is expected that the changes will come into effect in July 2022.

02/12/2021

New provisions for the prevention of s*xual harassment and bullying in the workplace have commenced.
Part 6-4B of the Fair Work Act 2009 (Cth) now provides that workers can apply to the Fair Work Commission for orders to stop s*xual harassment as well as workplace bullying. To be eligible to make an application a worker must be employed in a constitutionally-covered business.
There is no time limit for making an application for an order to stop bullying or s*xual harassment at work. Section 789FF of the Fair Work Act 2009 provides that for the Fair Work Commission to be able to make an order there needs to be a risk that the applicant will continue to be bullied or s*xually harassed at work. If the worker no longer has a connection to the workplace, an order cannot be made as there is no future risk of the relevant behaviour occurring.
‘S*xually harass’, for these purposes, has the same meaning as in s 28A of the S*x Discrimination Act 1984 (Cth).
Examples of s*xual harassment include:
• inappropriate behaviour including staring, leering, loitering or unwelcome touching;
• suggestive comments, jokes or gestures based on s*x or a person’s private life or body;
• communicating s*xually explicit material in person or electronically.

All the prescribed forms are available in the Workplace bullying and s*xual harassment folder on the matter plan in the By Lawyers Employment Law publication. The commentary has also been updated accordingly.

22/10/2021

RE-OPENING OF BUSINESS IN VICTORIA

To support business owners to reopen, the Business Stakeholder Pack has been developed by the Department of Jobs, Precincts and Regions. This stakeholder pack incorporates customisable content and downloadable artwork including:
• posters
• support guides
• social media content
• suggested website and newsletter content
• booking confirmation email and SMS text for businesses.

A new set of posters and other assets to support your COVIDSafe reopening.

01/10/2021

Premier Daniel Andrews jas announced that all workers in Melbourne and regional Victoria on the Authorised Workers List must have their first COVID-19 vaccination dose by 15 October to continue working. A ll Authorised Workers need to be fully vaccinated by 26 November.

15/09/2021

NEW DOMAIN NAMESPACE

auDA has announced that a new domain namespace will become available on 24 March 2022 for .au direct. Businesses will be able to register their domain name followed by .au instead of .com.au

Holders of a .com.au domain name will be able to claim priority from 24 March 2022 for six months.

15/09/2021

Employees Choice of Super Funds

From 1 November 2021, employers will need to vary their procedure to comply with the choice of superannuation fund for their employee. Penalties may apply if the choice requirements are not met.
Curently when taking on new employees, employers can add them to their default superannuation fund if the employee has not chosen a superannuation fund. For any new employees starting from 1 November 2021, employers will be required to contact the Australian Taxation Office (ATO) if the employee has not chosen a fund and check whether the employee has a "stapled fund". If the employee has a stapled fund, the employer will need to make contributions to that fund.

14/09/2021

Commercial Landlords can claim grants.

Eligible commercial landlords that waive rent for their tenants between 28 July 2021 and 15 January 2022 can apply for grants of up to $6,000 per tenancy. In cases of acute hardship, small landlords may be eligible for grants of up to $10,000 per tenancy.