Insights

Quick guide to new modern slavery laws

New Modern Slavery laws are now in place and you may be legally required to submit an annual modern slavery statement.

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Damage to an employer’s reputation can trump free speech and justify dismissal

In the wake of the closely watched proceedings recently commenced by Israel Folau regarding the termination of his employment for his comments on social media, the right of a public sector employee...

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Modern slavery laws in Australia and New South Wales: a ‘how to’ guide for organisations

These new legislative regimes in Australia have been largely inspired by existing modern slavery and transparency legislation in the UK and the USA.

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Review 2019

With significant regulatory change coming into effect the spotlight is staying firmly on culture, ethics and regulatory compliance. An organisation’s social licence to operate remains a priority...

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Navigating changes to the employment landscape in FY20

As we approach 1 July, it is important to assess changes in the employment landscape for the next financial year.

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Employee Incentive Plans – which plan should you adopt?

What are employee incentive plans and why do employers use them?

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The Whistle has finally blown – New whistleblower regime commences

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Redundancy pay exception – ordinary and customary turnover of labour

Employers engaged in contracting sectors – such as providing outsourced services to third parties under contracts for specified periods (e.g. catering, cleaning or maintenance contracts) – cannot...

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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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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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Acumen March 2017

Legal issues from March 2017.

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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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Employment law developments on the horizon

Gender equality remains a hot topic for employers. New gender reporting requirements commenced this year with further reporting obligations in the pipeline. However, the new minimum standards may...

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Redundancy and adverse action - calling all decision makers

Since the High Court's landmark decision in Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32, there has been an increasing focus on the identity and...

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