Insights

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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Workwise: executive departures and recruitment

JWS represented Seven Network (Operations) Pty Limited (Seven) and its executive programmer John Stephens in successfully defending the Supreme Court proceedings brought against them by Network Ten...

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From the courts: adverse action and other developments

At the end of March, it seemed that the Courts recognised that employees could not make vexatious complaints to found a basis for an adverse action...

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Workwise - company liability for sexual harassment

In the recent case of Richardson v Oracle Corporation Australia Pty Ltd [2013] FCA 102, the Federal Court highlighted the importance of employers having proper policies and training which reflect...

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Workwise - equal opportunity reporting amendments

On 6 December 2012 the Equal Opportunity for Women in the Workplace Amendments Act 2012 came into effect. The legislation imposes new obligations on employers in reporting employee and board gender...

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(Un)fair work act - Review Panel says it is 'fair'

The Report of the Fair Work Act Review Panel contained no surprises. The Panel largely found that the Fair Work Act 2009 (Cth) is 'fair' and balances the interests of employers and

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Getting ready for parental leave changes

With changes to the Paid Parental Leave Act 2012 (Cth) and the Fair Work Act 2009 (Cth) coming into effect from 1 October 2012, it is important and timely for employers to review and update their...

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High Court narrows adverse action - but still a risk

For employers, the High Court decision in Bendigo Regional Institute of TAFE v Barclay [2012] HCA 32 is a positive...

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Departing employees - longer restraint periods being enforced

A 3 year non-solicitation clause with a liquidated damages provision has been enforced against a former employee of an accounting firm on appeal to the Supreme Court of Victoria. The decision

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Online voting without a proxy

Online voting by shareholders without a proxy form has become more and more popular in the last few years. Large companies such as Telstra, Commonwealth Bank and Wesfarmers have put in place...

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Aftershocks of High Court OHS Decision

The High Court of Australia...s decision in Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales will have a significant impact on the way in...

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