January 2012

Australian Capital Territory
The Work Health and Safety Bill (ACT) was passed on 20 September 2011.  
Work Health and Safety Regulations were passed on 19 December 2011.  The model asbestos, hazardous chemicals and major hazard facilities regulations will not be implemented in the ACT.
The Work Health and Safety Act 2011 (ACT) will come into effect on 1 January 2012.
Work Health and Safety Regulations 2011 (ACT) will partially come into effect on 1 January 2012.

Commonwealth
The Work Health and Safety Bill 2011 (Cth) was passed on 24 November 2011.
The Work Health and Safety Regulations 2011 (Cth) were passed on 7 December 2011.
The Work Health and Safety Act 2011 (Cth) and Work Health and Safety Regulations (Cth) will take effect on 1 January 2012.

New South Wales
Work Health and Safety Act 2011 (NSW) and Work Health and Safety Legislation Amendment Act 2011 take effect on 1 January 2012.
Work Health and Safety Regulations are awaiting approval.  These are not likely to differ from the Model Work Health and Safety Regulations.

Northern Territory
The Work Health and Safety (National Uniform Legislation) Bill was passed on 2 November 2011.  The date on which the Work Health and Safety (National Uniform Legislation) Act 2011 will come into effect is to be fixed by the Administrator by Gazette notice.

Queensland
The Work Health and Safety Act 2011 (Qld) was approved on 26 May 2011
Work Health and Safety Regulations 2011 (Qld) were approved on 24 November 2011.
The Work Health and Safety Act 2011 (Qld) and Work Health and Safety Regulations 2011 take effect on 1 January 2012.

South Australia
The Work Health and Safety Bill 2011 (SA) was introduced to parliament in November 2011.    Debate has been adjourned until 14 February 2012.  This legislation will not come into effect on1 January 2012.

Tasmania
The Work Health and Safety Bill was introduced on 18 October 2011.  The Legislative Council voted to delay implementation for 12 months.  The Bill will be debated in March 2012.

Victoria
The Model Work Health and Safety Bill has not been enacted.  The state government is undertaking further analysis of the Commonwealth’s Regulatory Impact Statement.  No date has been set for the enactment of the Work Health and Safety Bill and Work Health and Safety Regulations.

Western Australia
The Work Health and Safety Bill has not been introduced to parliament.  Harmonised Work Health and Safety legislation will not come into effect on 1 January 2012.

December 2011

The attached following dates are the gazetted public holidays for the 2011 Christmas and New Year period and the additional leave days approved by the Australian Catholic Bishops Conference for ACBC employees in recognition of additional work undertaken during the year.

Sunday 25 December 2011      Christmas Day
Monday 26 December 2011      Boxing Day (Substitute day for Christmas in ACT)
Tuesday 27 December 2011     Substitute day for Christmas Day (Substitute Day for Boxing Day in ACT)
Wednesday 2 December 2011  Additional leave day granted for ACBC Employees
Thursday 29 December 2011   Additional leave day granted for ACBC Employees
Friday 30 December 2011        Additional leave day granted for ACBC Employees
Sunday 1 January 2012           New Years Day
Monday 2 January 2012           New Years Day Public Holiday (Substitute for 1 January)

The following link provides information on Australian gazetted holidays for all States and Territories

Australian Gazetted Holidays

June 2011

On Friday 3 June 2011 Fair Work Australia handed down the decision in the 2010 -2011 Annual Wage Review. 

FWA Adopted a uniform percentage increase in modern award minimum wages of 3.4 percent.  Weekly wages will be rounded to the nearest 10 cents.  The increase will flow through to junior employees, employees to whom training arrangements apply, employees with a disabilty and to piece rates. 

Employers in the Federal system should apply this increase from the first pay period after 1 July 2011.

The National Minimum Wage is adjusted to $589.30 per week or $15.51 per hour (an increase of 51 cents per hour).  The full decision can be accessed via the following link.

2010 - 2011 Fair Work Australia Annual Wage Review Decision

1 May 2011

The general protection provisions of the Fair Work Act 2009 (Cth) state that an employer must not take any "adverse action" against an employee because the employee has exercised or proposes to exercise a "workplace right".

Legal firms are reporting a rise in the number of applicants making claims under the general protection provisions of the Fair Work Act 2009 (Cth).  These claims may arise from everyday workplace matters such as performance management, missing out on promotion or other areas where an employee feels they have suffered some detriment.

Read on...

Adverse Action