Insights

Class actions in Australia’s employment law landscape: 2019 and beyond

Class actions are set to become a prominent feature of the Australian employment law landscape.

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Casual employees: not so casual when it comes to annual leave

Employers can no longer assume that casual employees are not entitled to paid annual leave.

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Proposed amendments to whistleblower laws – what’s new?

The Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017), which is currently before the Senate, consolidates the existing whistleblowers’ regime in the corporate and financial...

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Workplace investigations: does an employer have a duty to take reasonable care?

Workplace investigations are becoming more common in the employment landscape. Australian courts have been required to scrutinise the extent to which an employer owes a duty to their employees.

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Update on labour hire licensing laws

South Australia and Queensland have recently introduced new labour hire licensing legislation to provide greater protections for workers and accountability for employers in the labour hire industry.

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Legislation Update - Long Service Leave Act 2018 (Vic)

The Long Service Leave Act 2018 (Vic) (Act) received Royal Assent on 15 May 2018 and will repeal and replace the Long Service Leave Act 1992 (Vic).

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Acumen December 2017

noun – quickness of perception; keen insight. A range of legal issues relevant to corporate counsel and senior executives, written by our senior practitioners.

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Raising the bar for employee record keeping

The obligations of employers in relation to employee records have become more important under the recent changes to the Fair Work Act 2009 (Cth) (Act) as a result of the Fair Work Amendment...

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Vulnerable Workers Legislation Update

Amendments to the Fair Work Act 2009 will increase penalties available for breaches of workplace laws, and aim to strengthen the powers of the Fair Work Ombudsman.

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Post-employment restraints in business sale agreements

Two recent cases have provided valuable guidance on the enforceability of restraint of trade obligations against former employees in contracts for the sale of a business. The cases make it clear...

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Redundancy – NES relied on to interpret employment contracts

As highlighted by a recent Full Bench decision of the WA AIRC (Spotless Group v Dennis Buckle [2017] WAIRC 00024), tribunals are prepared to refer to the National Employment Standards to resolve...

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Changes to penalty rates and minimum wage rates in modern awards

Two recent decisions of FWC mean that employers, particularly in the retail and hospitality industries, should confirm their minimum rate obligations to employees.

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FWC rules on hospitality & retail penalty rates

In reviewing modern award penalty rates in the hospitality & retail sectors, the FWC has reduced Sunday and public holiday rates in a number of awards.

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Spotlight on sham contracting in Australia

Australian courts and regulators are targeting employers who engage workers as contractors to avoid employee entitlements. We consider two highly publicised sham contracting investigations as well...

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Workwise - addressing social media risks in the workplace

Social media, and its ease of use and wide-ranging application - combined with the ability of users to instantaneously disseminate information - has brought difficulties and challenges for businesses.

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Aftershocks of High Court OHS Decision

The High Court of Australia’s recent decision will significantly impact on how prosecutions are commenced against employers under OH&S legislation.

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