Modern slavery reporting obligations: what do businesses need to know?

With 30 June 2022 fast approaching, businesses required to report under the Modern Slavery Act 2018 (Cth) (Modern Slavery Act) should take steps to assess and review their second-year progress, and complete their modern slavery statement. Additionally, given environmental, social and corporate governance (ESG) is increasingly front of mind for stakeholders, corporate commitment to ethical […]

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Court backs High Court’s independent contractor decision

We previously reported on two High Court decisions that examined how to determine whether a worker is an employee or an independent contractor (Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) & Anor v Personnel Contracting Pty [2022] HCA 1 (Personnel Contracting) and ZG Operations & Anor v Jamsek & Ors [2022] HCA 2 (Jamsek). The principles […]

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FMCG Express | March 2022 Edition

Welcome to the fifth edition of FMCG Express. Overseen by our new Editor, Partner Breanna Davies, Gadens’ team of contributors provide a snapshot of what’s in store for 2022. We are catching up on issues facing our clients and review potential legal developments in the FMCG space: from analysis of proposed changes to the unfair […]

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What’s a contract got to do with it? (Absolutely everything): The High Court affirms approach to determining employment relationships in Personnel Contracting and Jamsek

Two recent decisions handed down by the High Court have stressed the primacy of contractual terms in determining employment relationships. In an approach that will provide certainty to some businesses, in Personnel Contracting the High Court held that where the parties have comprehensively committed the terms of their relationship to a written contract it was […]

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Doing business in Australia

The revised 2022 edition of Gadens’ Doing business in Australia guide provides foreign investors with an overview of the Australian business, economic and regulatory environment, as well as practical advice on how to go about setting up and doing business in Australia. Australia is an ideal investment location for foreign companies looking to grow internationally, […]

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Queensland’s ‘best practice principles’ for major projects

Pursuant to the Queensland Procurement Policy 2021, the Queensland Government may apply certain ‘Best Practice Principles’ (or BPPs) to major state government projects (valued at $100 million and above) and declared projects, in accordance with guidance issued by the Department of Energy and Public Works and the Office of Industrial Relations. In practice, the application […]

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Employer obligations when hiring overseas workers amid the reopening of Australia’s international borders

Australia’s national cabinet has maintained that Australia will continue with its plans to reopen its borders to international travellers, despite the recent discovery of the new omicron COVID-19 variant. An increase in arrivals of international workers looking to fill critical skill vacancies is expected, in the hopes of aiding Australia’s ongoing recovery from the impact […]

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COVID-19 | Fair Work Commission finds lack of consultation means Mt Arthur Mine vaccine mandate unreasonable

A recent decision of the Full Bench of the Fair Work Commission has found that a failure by BHP to adequately consult with its workforce before requiring workers to have received a COVID-19 vaccination as a condition of entry to the Mt Arthur open cut coal mine (Mt Arthur Mine) was unreasonable. The case, (Construction, […]

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COVID-19 | Insight for employers – rapid antigen tests and collection of vaccination information

The COVID-19 pandemic has required employers to stay across ever emerging issues to ensure compliance with requirements and the implementation of best practice approaches. This update covers two evolving issues: the use of rapid antigen testing, and the collection of vaccination information, specifically, individual healthcare identifiers. What is rapid antigen testing? Rapid antigen testing can […]

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COVID-19 | Mandatory vaccination in Victoria

The Chief Health Officer has issued amendments to the COVID-19 Mandatory Vaccination (Workers) Directions (No. 6) (Workers Directions) and COVID-19 Mandatory Vaccination (Specified Facilities) Directions (No.11) (Specified Facilities Directions) as well as introduced the COVID-19 Mandatory (General Workers) Directions (General Workers Direction) (collectively, Directions) in response to reopening Victoria at the 80% vaccination rate and […]

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COVID-19 | NSW RoadMap to Reopening – Work requirements in phase 2 (80% vaccination rate)

This article has been updated to take into account amendments made to the Public Health (COVID-19 General) Order 2021 (NSW) on 19, 20, 21, and 26 October 2021, and 1 November 2021. The Public Health (COVID-19 General) Order 2021 (NSW) (Order) is part of the roadmap for easing restrictions when 80% of the population of […]

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COVID-19 | Mandatory vaccination in the education sector in Victoria – medical exemptions

The Chief Health Officer has received reports from some general practitioners that they are facing significant pressure from a small minority of people who do not want to be vaccinated for reasons other than the limited medical exemptions that exist. There have also been patients who are attending multiple clinics seeking an exemption. In response, […]

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