Australian Employment Law update Q1 2025: Webinar recording and insights

On Wednesday 2nd April, Frazer Jones hosted our ever-popular Employment Law webinar with Cilla Robinson and Lauren Cooper from King & Wood Mallesons.

Adela Frydrychova shares some key takeaways from the session that she believes every HR leader should have on their radar:

1. DEI isn’t dead (but it needs defending)

In terms of the death of DEI, there’s been a number of different things that have occurred in terms of the geopolitical environment that have really impacted on where we are today. Whilst we have witnessed some large US companies like Amazon, Walmart, McDonald’s and Meta, pulling back on DEI, Australia’s legal framework still supports inclusion, and there is absolutely no need for Australian companies to follow the American lead. The main reason for that is that we have a very different legislative framework in Australia that allows positive discrimination, and it allows for affirmative action programs. WGEA, the sex discrimination act, anti-discrimination laws, and “special measures” are here to stay.

Even if DEI continues to be embraced by organisations, I think for HR professionals, it is important to acknowledge that DEI now is like a dirty word. It’s tainted essentially. In order to try and confront this anti-woke, anti-DEI agenda, we are seeing organisations starting to talk more about human rights rather than DEI.

Cilla Robinson – Partner – King & Wood Mallesons

TIP: Evaluate your DEI strategy to ensure it goes beyond mere compliance.

2. Contracts and processes matter

The Elisha v Vision Australia case is a $1.5M reminder that disciplinary processes aren’t optional. Employers are obliged to take reasonable steps to prevent injury (in this case, psychiatric injury) to an employee during the processes leading to and resulting in termination.

In terms of what you need to do as a HR practitioner because of this case, the first one is review your contracts of employment, secondly review, update
and adhere to disciplinary and termination policies and procedures, thirdly review release agreements, and finally prioritise employee welfare.

Lauren Cooper – Senior Associate – King & Wood Mallesons

3. Psychological hazards and risks are now WHS risks

PCBUs (persons conducting a business or undertaking) must manage psychosocial risks in the same way that physical risks are managed under the WHS regulations and must implement control measures to eliminate psychosocial risks so far as is reasonably practicable. Burnout, bullying, and harassment are not just culture issues anymore; risk management and compliance are critical.

TIP: Prepare a written prevention plan, provide training for HR and WHS employees, identify risks, consult with all employees to identify risks and comply with control measures, and document your steps.

For a copy of the presentation or to discuss your recruitment needs, please reach out to Angela Franks or Adela Frydrychova.

For details on upcoming events with Frazer Jones, click here.

To watch the full recording, click below

NOTE: The material in this article and presentation is provided only for your information and does not constitute legal or other advice on any specific matter. Users of this presentation requiring or seeking legal advice are responsible for obtaining such advice from their own lawyers, and should do so before taking, or refraining from taking, any action in reliance on any information in this presentation.