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Australia
Newsletter April, 2024

Australia: Workplace Gender Equality Agency published the first gender pay gap data

April, 2024
  • The Workplace Gender Equality Agency (WGEA) has published the first median gender pay gaps for Australian private sector employers, reflecting the Albanese Government's commitment to remedying inequities in the labour market.
  • It follows the adoption of the Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Bill 2023, which requires the WGEA to publish the gender pay gap of relevant employers. This aim is to promote transparency and address gender pay gaps, as we reported here
  • This reporting requirement also includes information on sexual harassment, harassment on the grounds of sex, or discrimination.
Newsletter March, 2024

USA: Whistleblower Retaliation

March, 2024
  • On 8 February 2024, the U.S. Supreme Court decided on whistleblower protections under the Sarbanes-Oxley Act of 2002. 
  • The case clarifies the standards for proving retaliation against whistleblowers in publicly traded companies.
  • The Supreme Court clarified that whistleblowers are required to show that their protected activity contributed to the adverse employment action without the need to demonstrate retaliatory intent on the employer's part. 
Newsletter January, 2024

Australia: the Fair Work Commission (FWC) ruled in favour of an employer’s right to refuse a remote work request

January, 2024
  • On 16 November 2023, the Fair Work Commission ruled on an employer's right to refuse a request for remote work.
  • The decision marks an important first step following the entry into force of the new flexible work legislation, the Fair Work Legislation Amendment (Secure Jobs, Better Pay), that came into force at the beginning of the year.
  • Among the significant changes introduced by the law is granting the Fair Work Commission the power to decide a dispute over a flexible work request.
Newsletter October, 2023

Australia: Human Rights Commission (‘AHRC’) released its new Guidelines for Complying with the Positive Duty under the Sex Discrimination Act

October, 2023
  • On 10 August 2023, the Australian Human Rights Commission (‘AHRC’) published the Guidelines for Complying with the Positive Duty under the Sex Discrimination Act.
  • The objective is to support employers in fulfilling their positive duty to eliminate sex discrimination, sexual harassment, and conduct that creates a hostile work environment because of sex and related acts of victimisation in the workplace.
Newsletter May, 2023

Australia: a decision on protections for whistleblowers

May, 2023
  • Last March, the South Australian district court rendered the first decision under Australia's whistleblowing laws, stating that a former civil servant could not be protected for alleged wrongdoing while collecting evidence to support his revelations about the Australian Taxation Office's unethical and aggressive pursuit of debts.
  • The judgment that caused considerable debate in the country is based on the Court's narrow interpretation of the scope of whistleblower protections, which would apply only to whistleblowing and not to the preceding preparatory conduct.
Newsletter March, 2023

Australia: Workplace Gender Equality Agency (WGEA) published a new report

March, 2023
  • On 23 February 2023, the Australian Workplace Gender Equality Agency reported that the national gender pay gap has dropped to 13.3% and, according to the Australian Bureau of Statistics (ABS), women earn, on average, 87 cents for every $1 made by a man.
Newsletter February, 2023

Australia: the National Heavy Vehicle Regulator released guidance on mental health

February, 2023
  • The National Heavy Vehicle Regulator (NHVR) has released advice on mental health and well-being in the heavy vehicle transport industry. 
  • It is relevant for all parties in the chain of responsibility (CoR), especially employers, and outlines practical steps to increase awareness of these and create a mentally healthy workplace.
Newsletter January, 2023

Australia: Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 passed

January, 2023

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