The employment and industrial relations law team at McKays are experts in providing advice to employers and employees in all areas of employment and industrial relations law.
The team has extensive knowledge and experience working for large, medium and small employers, as well as employees, in a range of industries including mining, building and construction, manufacturing, agriculture, health care and social assistance and retail.
The team’s focus is on providing practical, solution-based advice that enables clients to navigate this complex area of law and achieve their commercial objectives while minimising legal risk.
Services In This Area
The team provide advice on all areas of employment and industrial relations law, including:
• Employment contracts and independent contractor agreements
• Policies and procedures
• Enterprise agreements
• Employee management (including performance management)
• Discrimination, harassment and bullying
• Unfair dismissal and general protections
• Workplace investigations
• Unpaid wages and entitlements
• Employment considerations associated with buying and selling businesses, or restructuring
• Termination of employment
• Protection of intellectual property and confidential information
• Restraint of trade
• Workers’ compensation
• Workplace training
• Workplace health and safety
Our Unique Local Advantage
While the team assists employers and employees across Queensland and interstate – the team has unique local experience advising employers and employees in key industries which drive the economy in the Mackay, Isaac and Whitsunday Region.
The team are here to assist employers and employees needing a dedicated team in the region to provide them with high-quality advice on all employment and industrial relations matters.
Our Employment & Industrial Relations Law Team
Latest News
Employment and industrial relations laws are ever changing, therefore it is important to ensure that you stay up to date. This is particularly important for employers to minimise their risk of non-compliance with any legal developments that may affect their business.
To help you keep up to date, you can follow our website, LinkedIn page and subscribe to our email updates. These channels will also advise of any upcoming webinars/seminars being held by the team.
We have seen a number of significant employment law changes come into effect over the past few years affecting businesses – and there a lot more to come!
We have set out a brief summary of all of the 2025 changes which businesses need to be aware of moving into the new year.
From today (26 August 2024), a number of important changes to workplace laws commence.
These changes include: The right to disconnect for eligible employees...
The Fair Work Commission has handed down its 2024 Annual Wage Review decision. The result of the decision is that…
The start of the New Year is the perfect time to make sure your business is prepared for the year ahead! We have put together our top 5 tips for setting your business up for HR success in the New Year…
Yesterday we saw some significant developments relating to the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (“Closing Loopholes Bill”).
The silly season is almost upon us which means that workplaces are starting to prepare for their end of year Christmas parties. While they are intended to be a happy festive event, Christmas parties are also notorious for causing stress for employers due to the risk of potential workplace incidents.
For those who are not aware of what a Modern Award is - A Modern Award is a document which sets out the minimum terms and conditions of employment on top of the National Employment Standards (“NES”).
Modern Awards provide entitlements such as pay, hours of work, rosters, breaks, allowances, penalty rates and overtime. There are more than 100 industry or occupation awards that cover most people who work in Australia.
The Albanese Labor Government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (the “Bill”) to Parliament yesterday afternoon (4 September, 2023). The Bill is the “third tranche” of major changes to core aspects of our workplace relations system which will impact most sectors of the economy.
The Albanese Government will be introducing a third tranche of IR legislation on Monday afternoon which Workplace Relations Minister, Tony Burke has referred to as the “Closing Loopholes Bill”.
You may have seen that there have been a number of significant changes happening in the employment and industrial relations law space.
We have been hearing from countless employers that the number of changes have left them feeling overwhelmed and unsure about what they need to be doing to ensure compliance.
Following the Fair Work Commission’s Annual Wage Review 2023:
· the National Minimum Wage will be increased to $882.80 per week or $23.23 per hour; and
· there will be a 5.75% increase to minimum award wages.
There have been a number of important case developments in the employment law space recently.
Payroll tax for medical centres and practitioners has been a popular topic of discussion in recent years, following court cases such as Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2021] NSWCATAD 259 (“Thomas and Naaz”).
The Fair Work Commission (“FWC”) has today handed down its Annual Wage Review decision. Minimum wage rates in Modern Awards will see a 5.75 per cent increase effective from 1 July 2023.
Changes are coming into effect on 6 June 2023 which will give the Fair Work Commission power to deal with disputes over requests for flexible working arrangements and extensions to unpaid parental leave, amongst other changes.
Queensland has a new Work Health and Safety Code of Practice, “Managing the risk of psychosocial hazards at work” (“Code”) which provides practical guidance to persons conducting a business or undertaking (“PCBUs”) on how psychosocial hazards and risks can be managed or controlled. The Code can be used to help determine what is reasonably practicable to reduce psychosocial risk.
The Fair Work Amendment (Secure Jobs, Better Pay) Act 2022 received royal assent on 6 December 2022 – introducing the most significant changes to employment and industrial relations laws in Australia since the commencement of the Fair Work Act 2009 (Cth) (“FW Act”) some 13 years ago.
McKays Solicitors is so excited to welcome, Senior Associate, Meghan De Pinto-Smith to the McKays’ Industrial Relations and Employment Law team.
Meghan has worked exclusively in industrial relations and employment law at a high level for a specialist boutique Brisbane firm for the last 6 years – but has come home to settle in Mackay to be closer to family.
The Fair Work Amendment (Secure Jobs, Better Pay) Act 2022 came into force on 7 December 2022 –introducing the most significant changes to industrial relations laws in Australia in nearly 2 decades.
As the name of the Act suggests, the new changes are geared towards improving pay conditions, pay equity and job security.
Employers will now have a positive duty to prevent sexual harassment and discrimination in their workplaces.
In 2020, the Respect@Work Report was released by the Australian Human Rights Commission (AHRC), making 55 recommendations for legislative change to address and prevent sexual harassment.
An issue for many who have recently contracted COVID-19 or are a “close contact” is what, if any, leave they are entitled to from their workplace during the isolation period.
As an employee, you are able to access accrued leave entitlements under your applicable award, enterprise agreement, employment contract, workplace policy and under the National Employment Standards.
On 7 October, BHP announced that it would be introducing a requirement for COVID-19 vaccination as a condition of entry for all visitors and workers to all of its sites and workplaces in Australia. Other large employers, such as Woolworths and major banks including Commonwealth and Westpac have also brought in similar policies for their staff.
Changes to the Fair Work Act relating to casual employees came into effect on 27 March 2021.
The High Court has overturned the Full Federal Court decision in Workpac v Rossato which was handed down in 2020 and had caused significant controversy around the engagement of casual workers.
The Queensland Government passed new legislation, which came into effect on 1 July, 2020, which seeks to impose heavy penalties on companies, their executives and their senior employees personally for workplace deaths arising from negligence (industrial manslaughter). These laws are similar to I..
From 1 July, 2021 the income and compensation caps for unfair dismissal claims will increase, along with filing fees for lodging an unfair dismissal application. The high income threshold rises from $153,600 to $158,500; The compensation cap increases from $76,800 to $79,250; The filing ..
The Fair Work Commission (FWC) has granted a 2.5% wages increase to minimum pay and award wage workers from 1 July 2021. The FWC has lifted the national minimum wage by $18.80 to $772.60 per week (or $20.33 an hour) for a full time employee. The flow on effect to Awards is a 2.5% in..
From 1 July 2021, the super guarantee rate will rise from 9.5% to 10%. All employers will need to ensure they have updated their payroll systems ready for 1 July to reflect this increase. Employers can be subject to interest and penalties for underpayments of super contributions to th..
On 22 March, the long-awaited changes to the Fair Work Act (FW Act) in relation to casual employees were passed. Since the recent Federal Court decisions of Workpac Pty Ltd v Skene* and Workpac v Rossato**,employers have been exposed to “double dipping” claims by casuals for permanent entitl..
The second part of the Closing Loopholes Bill passed parliament yesterday - meaning more significant changes for workplaces are coming!