From 1 July last year, new legislation regarding Whistleblowing was introduced in Australia which included some important reforms:

1.       Definition of ‘protected disclosures’ has been extended

2.       More people can be ‘eligible whistleblowers’ and ‘eligible recipients’

3.       Stronger protections for whistleblowers

Not all businesses come under the new whistleblowing legislation but you can determine if your business if effected by asking yourselves these three questions: 

 1.       Does your business have more than 50 employees?

2.       Does your business have a consolidated revenue greater than $25 million?

3.       Does your business have consolidated gross assets greater than $12.5 million?

If you have answered ‘yes’ to two out of these three criteria, your business is bound by the new legislation.  And if this is the case, hopefully your business implemented a whistleblowing policy by 1 January 2020 as required by law. If you didn’t, relevant actions need to be addressed as a priority to mitigate the risk of your business being financially penalised for breaching legislation. We  can assist you with creating a tailored Whistle Blowing program (including policy) for your business.

Fair Work Information Statement

Recently Fair Work Australia updated their Fair Work Information Statement (the Statement) which is a document that has key information about the conditions of employment.

It a requirement under the National Employment Standards that all new employees are given a copy of the Statement when they commence employment.

Please ensure you replace the old Statement with the Statement found on the Fair Work Ombudsman website at: https://www.fairwork.gov.au/employee-entitlements/national-employment-standards/fair-work-information-statement. 

Personal Leave under the National Employment Standards (NES)

Last year, a decision was made by the Federal Court confirming the method of accruing and taking paid personal (sick/carer’s leave) leave under the National Employment Standards.

In short, full time and part time employees are entitled to 10 days of sick and carer’s leave for each year of employment, rather than a part time employee receiving a pro rata entitlement. Further to this, sick leave now accumulates in days, not hours.

Whilst there is an appeal of this decision that will be heard by the High Court this year, this decision is the current state of law. 

Our current recommendation is to speak to your payroll providers or payroll software company to see how they can assist you with implementing this change.

Needing more help or assistance?

If you would like assistance please contact our team of advisors at AB Phillips, Monday to Friday between 9:00 am and 5:00 pm AEST by phone on 1300 208 828 or by email: advice@abphillips.com.au

Please note that the above information is provided as comment and should not be relied on as a substitute for detailed professional advice from AB Phillips or professional legal or financial advice on any particular matter. Where you would like additional information and support about the content in this document please contact AB Phillips.