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We update members with legislation relevant to creating and maintaining a respectful workplace.

  • The Fair Work Commission has not explicitly included or excluded optometrists from the Health Professionals and Support Services Award (HPSS Award). Until there’s a clear decision, we recommend employers use the HPSS Award.
  • The Sex Discrimination Act 1984 (SDA) makes it unlawful to discriminate against a person because of their sex, gender identity, intersex status, sexual orientation, marital or relationship status, family responsibilities, because they are pregnant or might become pregnant or because they are breastfeeding. For more information, see the fact sheet Sexual orientation, gender identity and intersex status discrimination at www.humanrights.gov.au/employers.

UPDATES

Fair Work Australia update. 26 February 2025
Reminder about changes to casual employment rules – Fair Work Ombudsman

Fair Work Australia update. January 2025
New criminal underpayment laws started on 1 January 2025. Intentionally underpaying an employee’s wages or entitlements can now be a criminal offence. This doesn’t include honest mistakes. The Voluntary Small Business Wage Compliance Code and supporting guide is available to help businesses prepare and protect themselves.

Fair Work Australia updates. 26 August 2024
Changes to casual employment including how casual work is defined, pathways to permanent employment, and employee and employer responsibilities.

Changes to independent contractor rules including a change to the definition of employment.

Are you a locum or do you employ locums? Then you’ll need to understand difference between an independent contractor and casual employee.

A new right to disconnect for employees which gives eligible employees the right to refuse contact outside their working hours unless that refusal is unreasonable. This doesn’t apply to small businesses until 26 August 2025.

New minimum standards and protections for ‘employee-like workers’ in the gig economy and certain industries.

Closing Loopholes. August 2024
Fairwork’s easy-to-read timeline.

Read about changes already in place at Closing Loopholes.

The ‘Right to Disconnect’ law. April 2024
The Australian Parliament passed the ‘Right to Disconnect’ law on 12 February 2024. It takes effect on 26 August 2024 (or 26 August 2025 for small businesses). This amendment to the Fair Work Act is designed to enhance work-life balance by regulating out-of-hours contact with employees. Industry Legal explains this law and helps members navigate any grey areas. Right to Disconnect fact sheet

The positive duty and changes to domestic violence leave are now in place. March 2024
Emma Dalley from Industry Legal talks to Optometry Australia Advisor Sophie Koh about the latest changes workplace legislation regarding:
* The positive duty
* Domestic violence leave

The positive duty. December 2023
Under the SDA, businesses have a positive duty to eliminate discrimination, sexual harassment and victimisation in the workplace. The Australian Human Rights Commission (AHRC) has new powers to investigate and enforce compliance with the positive duty, as of 12 December 2023.

As part of Optometry Australia’s commitment to creating a culture of Respect. Always! we have prepared this resource to guide members in collating a compliant ‘Prevention and Response Plan’.

Fair Work Legislation Amendment (Closing Loopholes) Bill 2023. October 2023
Significant changes to the Fair Work Act 2009 (FW Act) are proposed. While potential passage of the Bill will not take place until 2024, a summary of all proposed changes can be viewed at the link below. You can also check the Fair Work website here for changes as they are made.

Relevant to Respect. Always! is Strengthening Protections against Discrimination to include ‘subjection to family and domestic violence’ as a protected attribute under the FW Act.

As of 15 December 2023,  it’s unlawful for an employer to take adverse action (including dismissal) against an employee because the employee is (or has been) experiencing family and domestic violence.

This discrimination protection also applies to potential future employees. Awards and enterprise agreements must also not include terms that discriminate against an employee because they’re experiencing (or have experienced) family and domestic violence.

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