Is your business ready for a privacy complaint?

Is your business ready for a privacy complaint?

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Is your business ready for a privacy complaint?

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The Office of the Australian Privacy Commissioner has just released their annual report which shows that there has been a really big increase in privacy complaints (up 60%) and a lot of that has to do with AI. You might think that that’s just an issue for government services and big businesses and, if that is the case, you might well be wrong and get caught out.

Who is covered by the Australian Privacy Principles?

Businesses with an annual turnover of $3,000,000 or more are automatically subject to the Australian Privacy Principles – that base turnover level is commonly still a small business. And, to be captured your small business needs to have generated that $3,000,000 in just one year retrospective all of the way back to 2002. That’s right, if your turnover exceeded that number just once in the past 25 years, you are caught.

Annual turnover for the purposes of the Privacy Act includes all income from all sources. Annual turnover does not include assets held, capital gains or proceeds of capital sales. If your small business has not operated for a whole financial year, you need to make a projection of full year annual turnover based on the income of your business during that period.

And those with less than $3,000,000 in annual turnover can still be captured if they fall into certain categories such as:

  • Healthcare, Education, and Child Care: any entity providing a “health service” must comply with the Privacy Act, regardless of its turnover. Under the law, a health service provider is defined as any organisation providing services related to physical, emotional, psychological, or mental health. these include traditional health service providers (private hospitals, day surgeries, medical practitioners, pharmacists, and allied health professionals), complementary therapists, child care centres, private schools, private tertiary educational institutions
  • Businesses trading in personal information: A business is considered to trade in personal information if they provide a benefit, service or advantage to collect personal information, or disclose personal information for a benefit, service or advantage. For example, swapping customer email databases with a joint marketing partner, participating in third-party lead exchanges, or disclosing customer details to secure a vendor subsidy or commercial concession all meet the legal threshold of trading data for a benefit or advantage.
  • Commonwealth Contracted Service Providers: Small businesses that provide services to, or on behalf of, Australian Government agencies or the Norfolk Island administration under a Commonwealth contract or subcontract are bound by the Act. (This does not apply to entities that merely receive Commonwealth funding for services that are not a function of the agency).
  • Related Bodies Corporate: A small business is automatically subject to the Privacy Act if it is related to a larger body corporate that is already covered by the Act. Corporate relatedness is evaluated using the statutory tests set out in the Corporations Act 2001 (such as holding company and subsidiary relationships).
  • Finance, Credit & Consumer Data:Operating a residential tenancy database (storing tenant personal data accessible by third parties).Carrying on a credit reporting business under Section 6P of the Privacy Act (governed by Part IIIA and the APPs).Acting as a reporting entity or authorized agent under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (compliance with APPs applies specifically to activities in relation to the AML/CTF Act and its regulations and rules).Holding accreditation under the Consumer Data Right (CDR) system under the Competition and Consumer Act 2010 (compliance with APPs applies to personal information held that is not CDR data; where information is CDR data, the specific CDR Privacy Safeguards apply instead).
  • Labor & Employment Relations:Operating as a registered or recognized employee association under the Fair Work (Registered Organisations) Act 2009.Functioning as a protected action ballot agent under the Fair Work Act 2009.
  • Telecommunications & Data Retention:Providing telecommunications services subject to data retention requirements under Part 5-1A of the Telecommunications (Interception and Access) Act 1979 (compliance with APPs applies specifically to activities regarding data collected and retained under Part 5-1A).

What happens if you don’t comply?

Failing to adhere to these rules when subject to the Act exposes an entity to statutory enforcement. The Office of the Australian Information Commissioner (OAIC) holds regulatory powers to investigate individual privacy complaints, conduct conciliations, issue binding determinations, and initiate Commissioner-initiated investigations under its Privacy Regulatory Action Policy.

Would you like to opt in?

While navigating these specialized statutory rules requires careful operational oversight, legal compliance should not be viewed merely as a regulatory burden. Small businesses that are genuinely exempt can choose to voluntarily opt into the Privacy Act via the OAIC’s public opt-in register. Formally adhering to the Australian Privacy Principles serves as a strategic trust-building tool, signaling strong data stewardship and delivering a distinct competitive advantage in a privacy-conscious market.

Conclusion: Navigating Privacy in an AI World

This is just another compliance issue that businesses have to deal with and that is being aggravated by the uptake of AI.

Our recommendations:

  1. Do your due diligence and see if your business is covered by the Australian Privacy Principles? See this assessment tool.
  2. Access professional support in setting up your privacy system if it looks like your business is covered
  3. Be on the look out for AI generated complaints and obtain advice if you think you have one.

How can we help?

Use our HR Triage Service to explore your needs and we’ll either help you with the issue if owe think we can and are the best option for you or we’ll refer you to one of our trusted service delivery partners who can.

Just “Tell us what you need help with” via the form below and we’ll have a no obligation free chat with you about your needs.

 

Note1: AI has been used to source information for this piece but its design and content are otherwise original and human generated.

 

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Is WFH really off the table?

Is WFH really off the table?

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Is WFH really off the table?

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The new Victorian Premier has announced that the Work From Home Mandate legislation will not be going ahead as is or until next year if it does. That provides some relief for Victorian employers, especially those who want people in the office but does it mean that employee claims to work from home are off the table?     

Background

The Victorian Government’s promise had been that workers who could do their jobs from home would have a guaranteed right to work from home for at least 2 days per week effective from 1 September 2026 for businesses with 15 or more employees. That has now been deferred to 1 July 2027.

Employers were also going to be liable for the costs of enabling employees to work from home with software, hardware, secure connections. That has reportedly been scrapped altogether.

That is good news but:

1️⃣ In the lead-up, a lot of the commentary has been about how this now deferred legislation interacts with employees’ existing rights to request flexible working arrangements (including WFH) under the Fair Work Act.
2️⃣ And these rights have been strengthened in the past couple of years with increased emphasis on consultation and access to the FWC for mediation, conciliation and arbitration if there is a disagreement between employer and employee.
3️⃣ About 60% of Australian workers have these rights (eg parents and carers and workers over 55 years of age and pregnant employees and those with disabilities and workers dealing with or supporting someone in a domestic violence situation) and there is no small business exemption.
4️⃣ There is no limitation like a guaranteed 2 days a week either – it could be every day!
5️⃣ How prepared would you be if one of your employees made that request tomorrow?
6️⃣ AI is already telling people about this other option and it will go there more with the Victorian legislation shelved for the moment.
7️⃣ If you haven’t done your homework. you might struggle to prove that rejection of a request was legitimately “on reasonable business grounds”, right?

So it really isn’t off the table, is it?

What else is in play?

Firstly, there is the Victorian election coming up in November and, if Labor doesn’t secure a majority government, the WFH Mandate legislation might well be dead.

Secondly, there is a major case running in the Fair Work Commission on development of a Work From Home provision for the Clerks – Private Sector Award 2020.  It looks like there is a way to go yet before we get an outcome there but watch this space as this is a test case and we can expect it to flow on to other awards.

Thirdly, we might see things cross over into the WHS jurisdiction through the positive duty to eliminate or reduce risks from psychosocial hazards like poor change management, poor support, poor job control, lack of organisational justice and more.

How can we help?

There are multiple jurisdictions in play here and that makes things complicated – we can help you to sort through those and come up with the right policy settings and workplace practices.

Just “Tell us what you need help with” via the form below and we’ll have a no obligation free chat with you about your needs and how we or one of our trusted affiliates can help. 

 

CONTACT US

Ridgeline Human Resources Pty Ltd
ABN : 24 091 644 094

enquiries@ridgelinehr.com.au

0438 533 311

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New legislation favours unions in government procurement

New legislation favours unions in government procurement

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New legislation favours unions in government procurement

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The Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Bill 2026  has recently passed through Parliament. One of the perhaps unexpected components of this legislation is to do with giving organisations with enterprise agreements preference in Commonwealth Government procurement. So what does that mean and what should you be doing about that?  

Background

The Albanese Government has managed to get a legal change through Parliament with the help of the Greens that might have a significant impact on Federal government procurement decisions.

The Explanatory Memorandum for the Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Bill 2026: “The amendments would allow the Commonwealth to preference employers whose employees are covered by an enterprise agreement (or a type of enterprise agreement), or who are covered by an enterprise agreement that covers an employee organisation, when making a grant of financial assistance or procuring goods or services. In these circumstances, such a preference will not constitute discrimination under subsection 354(1) of the Fair Work Act.”

Is it discriminatory?

My initial reaction was that this seemed to potentially compromise the freedom of association project in the Fair Work Act and I think it potentially will in practice when it is implemented.

However, it has been worded to preference employers who have employees covered by an enterprise agreement or ones whose employees are covered by an enterprise agreement that covers an employee organisation.

So what that technically says is that the basis for discrimination is the presence of an enterprise agreement, not that the workforce is unionised. 

Of course, there is also the fact that the vast majority of enterprise agreements (85%-90%) have been made with unions so, in reality, unions will be the primary beneficiaries of this change.

 What does this mean in practice?

It is quite common already for head contractors on major projects to require subcontractors to have an enterprise agreement because, while that is in its nominal operating period, any industrial action taken will be unprotected. That is a disincentive to unions because they don’t want to be fined for breaching the Fair Work Act.

Of course, this comes at an odd time given all of the publicity there has been in Victoria and Queensland in particular about alleged corruption and criminal associations of unions and head contractors. Employer associations are understandably crying “foul”.

For employers who want to be able to work on government projects or sell services to the Commonwealth, you do have the option of putting in place your own enterprise agreement.

How we can help

We have been helping businesses put in place their own non-union enterprise agreements for over 20 years, primarily in civil construction but also other trades, manufacturing and childcare.

It is a complicated process with a number of tests to be satisfied and strict timelines and procedures to be observed. It also requires the specific approval of a majority of the employees who would be covered by the instrument. 

Just fill out and submit the “Tell us what you need help with” form below and we’ll be in touch to organise a chat about your needs and ways to deal with those.

 

CONTACT US

Ridgeline Human Resources Pty Ltd
ABN : 24 091 644 094

enquiries@ridgelinehr.com.au

0438 533 311

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TELL US WHAT YOU NEED HELP WITH

More Fair Work Changes for Better or Worse

More Fair Work Changes for Better or Worse

Latest News & Events

More Fair Work Changes for Better or Worse

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The last 5 years have seen more changes to employment and related laws than at any time in history and the Albanese Government isn’t finished. A new Fair Work Bill has just hit parliament and AI, unfair dismissal and general protections claims, multi-enterprise agreement and road contractors all feature in the mix. What’s happening, why is it happening and what are the potential impacts? 

Background

On 3 June 2026, the Federal Government presented the Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Bill 2025 to the House of Representatives.

It provides for a number of changes to:

  1. Fair Work Commission rules and processes because of the high quantity and low integrity of AI generated claims of unfair dismissal and general protections and their impact on efficiency of FWC operations.  
  2. A streamlined and mandatory process for supported bargaining authorisations to be issued following expiry of a previous supported bargaining enterprise agreement.
  3. The high income threshold for access of road transport contracts to the Fair Work Commission’s unfair contract termination claims jurisdiction. 

And there are some new processes being introduced whereby the Fair Work Commission will have the ability to determine claims “on the papers” and to ban vexatious claimants (repeat offenders) from making any claim without the specific approval of a Presidential Member of the Commission.

Plus some of the changes have significant implications for employers and warrant consideration of ways to mitigate any related negative effects. 

Jurisdictional issues

One of the bottlenecks that the Fair Work Commission has noted is when there is a jurisdictional objection to a claim eg on the basis that the applicant isn’t eligible to make a claim and/or it is not within the Commission’s jurisdiction to deal with the application.

This can commonly be about whether the applicant is actually an employee or has sufficient service to qualify as eligible to make a claim or was dismissed on prohibited grounds.  

These jurisdictional questions have had to be dealt with before the application itself is dealt with. This Bill proposes to flip that. 

This change is that the Fair Work Commission would not deal with jurisdictional arguments – an employer would have to prosecute that objection in the Federal Court or the Federal Circuit Court and that is expensive.

Another effect is that the applicant is essentially guaranteed a hearing either on the papers or at conciliation by virtue of the fact that they made the application and regardless of their actual eligibility to do so. 

Decisions “on the papers”

The Bill provides for a new power for the Fair Work Commission to determine matters on the papers provided that it is satisfied that the matter is one that can be adequately determined in the absence of the parties and both parties agree to “on the papers ” determination,

Applications re unfair dismissal (employees), unfair termination (road transport contractors) and unfair deactivation (gig workers) are all in the mix here but we could see this facility extended to other areas of the Fair Work Commission’s work. 

This really does mean that employers need to consider whether their interests are best served by “on the papers” determination or going through conciliation and, if necessary, arbitration processes.

Is it a vexatious claim that should be thrown out “on the papers” or is it something where there is greater risk requiring the opportunity to negotiate a settlement?

It also really does mean that you need to make sure that “the papers” are properly prepared if they are going to be the basis for determination.

Frivolous and vexatious claims

The massive increase in applications, a significant proportion of which have been generated via AI by unrepresented applicants has caused the Fair Work Commission to look at ways to reduce the incidence of these “frivolous and vexatious claims”.

The legislation provides the Commission with a new ability to issue a binding order prohibiting an applicant who has had an application dismissed on the basis that it is frivolous, vexatious or possesses absolutely no reasonable prospect of success from making  similar claims in the future without the express and prior permission of a Presidential member of the Commission to do so.

Separately, the Fair Work Commission has made significant changes to application requirements specifically to minimise the impact of AI on claim numbers and to help to identify and dismiss frivolous and vexatious claims.  

Multi-employer bargaining

The Fair Work Commission can issue supported bargaining authorisations designed to enable multiple employers within a low paid industry to be drawn into a collective bargaining process by a union.

This Bill includes a mandate for the Fair Work Commission to issue a new supported bargaining authorisation to negotiate a new enterprise agreement for a workforce that was previously covered by a supported bargaining enterprise agreement.

That will happen if the application is made no earlier than three months prior and no later than two years after the nominal expiry date of the prior agreement and the new process features the same or substantially the same employer and employee cohorts as was the case with the prior agreement.

This makes it more difficult for an individual employer to cut themselves free from a cyclical multi-employer agreement process on an ongoing basis.

Access for regulated road transport contractors

Under the Closing Loopholes suite of legislative changes, road transport contractors were granted access to the Fair Work Commission for claims of unfair termination or deactivation of contracts, provided that their remuneration was less than the High Income Threshold which, at the time of writing, was $183,100 (moving to $190,100 from 1 July 2026).

This is the same as the threshold set for eligibility to make unfair dismissal claims by employees.

There has been a realisation that road transport contractors incur a lot of costs in generating their income that employees do not. As a result, the High Income Threshold for road transport contractors needs to be determined differently.

The Bill doesn’t state what that will look like but perhaps some guidance might be taken from the Victorian Owner Drivers and Forestry Contractors Act 2005 and how that is applied in practice. You can find a wide range of resources on the Business Victoria website including costs schedule for different categories of vehicles that are updated annually.

What’s that all mean for you?

Our key takeaways:

  • We don’t expect that the Government will have any difficulty in getting the legislation passed so, if any of these issues resonate for your business, start addressing them.
  • If you don’t have one, find an experienced workplace relations advisor who can help you to get the processes right pre-termination and post-termination to minimise exposures in unfair dismissal and general protections complaints.
  • If you receive a frivolous or vexatious claim or one that you think doesn’t qualify, don’t bother trying to run a jurisdictional argument – try to get it dismissed or settled either on the papers or in conciliation.
  • If you are in a designated low paid industry, explore the option of having your own enterprise agreement which would protect you from being dragged into a supported bargaining authorisation and multi-employer agreement.
  • If you utilise road transport contractors in your supply chain, review your contracts for rates and terms including termination provisions to identify any potential risks from the expanded Fair Work Commission coverage that will be coming. You might also visit Business Victoria and check out their resources for owner drivers.

And, if you need a hand, just reach out – call 0438 533 311 or fill out the “Tell us what you need help with” form below.

 

CONTACT US

Ridgeline Human Resources Pty Ltd
ABN : 24 091 644 094

enquiries@ridgelinehr.com.au

0438 533 311

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Why most businesses struggle with positive duties

Why most businesses struggle with positive duties

Latest News & Events

Why most businesses struggle with positive duties

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The introduction of positive duties relative to both sexual harassment and related behaviours and psychosocial hazards is resulting in quite a bit of confusion for small business owners in particular.That is understandable and here is why and what to do about it. 

The problem

Last week, I attended the Workplace Health and Safety Expo at Jeff’s Shed along with thousands of others working in or interested in what’s new in workplace health and safety.

Many of the presentations were in or around d the subjects of psychosocial hazards and psychological safety.

And a majority of the exhibitors were selling tech solutions, many of which were said to help you to meet your positive duties re psychosocial hazards.

We know that the regulators have opted to apply the risk management model that has been used for decades as the foundation for control of psychosocial hazards.  

The reality is that one of the reasons that the positive duties have been introduced has been that the traditional risk management model hasn’t worked in management of risks from psychosocial hazards.

Why is this so?

There are good reasons for that. We need to do it differently because you can’t create psychological safety and meet the positive duty with deficit thinking.

That’s what the traditional risk management approach is – what’s wrong, who and what caused it and how do we fix it. 

If people think that they will be blamed or disciplined if they put their hand up, they won’t feel psychologically safe …… and that means that you can’t actually meet the positive duty obligation.

So are you going to get out the compliance hammer and do it the old way or are you going to turn the light on for everyone to see what good looks like?

How can we help?

We saw this problem coming over a decade ago and we went looking for and found a stack of tools that can help you meet your compliance obligations for real and build great employee engagement and psychological safety.

Our Practice Leader, Peter Maguire, is available to facilitate discussions with your management group or your Safety or Consultative Committee to work through these questions and tailor the right approach for your business and your people.  If you would like to know more about this, please let us know via the “Tell us what you need help with” Form below.

 

CONTACT US

Ridgeline Human Resources Pty Ltd
ABN : 24 091 644 094

enquiries@ridgelinehr.com.au

0438 533 311

PARTNER LINKS

TELL US WHAT YOU NEED HELP WITH

Our HR Triage Service

Our HR Triage Service

Latest News & Events

Our HR Triage Service

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Do you need assistance with an HR issue but don’t know where to go? Should you go to the Fair Work Ombudsman or to an employment lawyer or a workplace health and safety specialist or a HR consultancy? Need someone to help you find the right option for your business and your circumstances? That’s where our HR Triage Service comes in. 

What’s the problem?

We have been helping organisations of all sizes and industries with HR matters for 26 years and there are a few key lessons that we have learned along the way:

  1. Employment and safety law and modern awards and related employer obligations and exposures get more complex and harder to manage every year.
  2. That’s just gone up a notch with the introduction of positive duties in relation to psychosocial hazards and sexual harassment and gender-based behaviour plus the emergence of hybrid working in recent years.
  3. Similarly, areas which in the past might have been seen as specific to WHS or to HR or to zones like equal opportunity are now crossing multiple jurisdictions requiring multi-faceted and integrated management.
  4. And, of course, people have an amazing capacity to give us surprises and new challenges to address which is added to by the creative capacity that AI brings to the conversation.
  5. Plus there are all of the challenges that people have today in a less secure world with political upheaval, global tensions, mental health and financial stress adding to the mix.

And we know that the pace of change just gets faster and faster.

All of that gives rise to a difficult question for SMBs: “Where do I go to access the support that I need for the particular issue that I have in such a complicated landscape?” 

Trying to answer that question can be very costly in time, money and worry.

How can we best help?

Over the past year, we have undertaken a review of how we operate in helping our clients with the full range of HR needs (PEOPLE BUSINESS) as well as continuing to develop and deliver value through our PosWork suite of positive psychology based interventions and our new multi-media communications arm, Flashtales Creative.

With that review came the realisation that we have over many years developed a robust network of generalist and specialist service providers across the full spectrum of HR, WHS and related services – lawyers, consultants, mediators, injury management services and more.

One of the strengths that we have is our ability to diagnose the problem and identify the intervention options for the particular enquiry.

So, rather than try to be the everything HR service ourselves, it makes more sense for us to leverage our network and our diagnostic abilities to provide clients with the right service and connection. 

What’s in it for you?

You don’t have to waste your time and money searching for a solution to a need that you probably don’t fully understand yourself.

And you can rest easier knowing you can “phone a friend” to do that for you – call 0438 533 311 or fill out the “Tell us what you need help with” form below.

 

CONTACT US

Ridgeline Human Resources Pty Ltd
ABN : 24 091 644 094

enquiries@ridgelinehr.com.au

0438 533 311

PARTNER LINKS

TELL US WHAT YOU NEED HELP WITH