In this week’s Workplace Bulletin:

• How the suggested changes to Australian privacy legislation are set to affect you
• Workplace Helpdesk Q and A: Working on a Public Holiday
• Workplace Wackies: Odd Jobs

Dear Reader,

Earlier this month, the Australian Law Reform Commission (ALRC) released an exhaustive review of Australia’s privacy legislation.

If, (as appears likely), the Federal Government implements the ALRC’s recommendations, all Australian employers will be required to:

• ensure that all records they keep about employees and contractors are accurate, complete, up to date, relevant and secure
• give employees access to their personal files/records. (If employees dispute the accuracy or completeness of their records, employers must include a note to this effect)
• inform employees or contractors if they collect and/or record personal information about them from third parties
• get an employees consent before they collect certain ‘sensitive information’ about them (i.e. medical information).

In the meantime, States and territories are considering a national approach to workplace privacy that would regulate the use of GPS, video cameras and listening devices in the workplace, and standardise email and internet monitoring and drug and alcohol testing.

How will this affect your business?

You will need to be ready to amend your current privacy policies to ensure that they comply with the new legislation when it becomes operative (not likely before 2011).

You can stay up to date with further developments in workplace privacy through future Workplace Bulletins and Employment Law Practical Handbook updates.

Workplace Helpdesk: Working on a Public Holiday

Answered by Charles Power, editor-in-chief, Employment Law Practical Handbook.

Q: I’m an employer in Queensland, and was wondering if it is acceptable to simply offer my employees a day off in lieu for working on a Public Holiday, or do I have to offer them time and a half, or double time?

A: Section 15(6) of the Industrial Relations Act 1999 (Qld) provides that you may agree that an employee work on a public holiday at ordinary rates in exchange for taking another day off on full pay. Also, some State Awards in Queensland (for instance the Clerical Employee Awards - State 2002) provide that where there is agreement between the majority of employees in the business, the employer may substitute other ordinary working days for public holidays worked.

Remember though, that under the federal Workplace Relations Act, an employee can reasonably refuse a request to work on a public holiday. In determining whether an employee has reasonable grounds for refusing, regard must be had to a number of factors set out in section 613 of the Workplace Relations Act.

Have you got a short employment law question? Can’t find the answer in your handbook?

Just e-mail your query to helpdesk@workplacehandbook.com.au

Workplace Wackies: Odd Jobs

Here are some samples from an annually compiled list of strange and unusual jobs:

• A lawn care company employee whose sole responsibility it is to keep the kinks out of the hoses - $6/hour.
• A person who is employed simply to ride along in a Federal Express delivery truck so that the driver can use the car pool lane – $11/hour.

[Source: Idiots at Work]

Until next time…

Claire Berry

Editor

Trackback URI | Comments RSS