FMCG Express | March 2024 Edition

In this edition of FMCG Express we consider the regulatory landscape of AI, what to do when you receive a (potentially) defamatory online review, recent Fair Work Act changes (particularly how these changes affect casual workers), and we consider specifics around ESG reporting. Partner Breanna Davies and the Gadens team have prepared this edition to […]

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Change at pace: What you need to know about recent changes to the Fair Work Act 2009 (Cth)

Workplace laws are changing following the passage of the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) (Closing Loopholes No.1) and the Fair Work Legislation Amendment (Closing Loopholes No.2) Act 2024 (Cth) (Closing Loopholes No.2) in the past few months. The changes are some of the most significant workplace law reforms seen in some […]

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From fine to felony: The looming criminalisation of wage underpayments

The obligation for employers to pay their people correctly is not new. However, the consequences of getting it wrong are about to get dire. Whether your company or organisation employs one person or 10,000 people, it’s now more important than ever to review your processes, controls and risks related to payroll and get ahead of […]

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Restructuring and downsizing: Tips and traps

For most businesses, a decision to undertake an organisational change can mean a reduction in operational costs, a reduction in roles, an increase in efficiencies and streamlined decision-making. However, the announcement of a restructure can often leave staff of all levels feeling tense and uncertain. Effectively navigating organisational change is not something that happens by […]

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The QIRC rejects employee’s bid to return to work despite favourable medical assessments

The Queensland Industrial Relations Commission (QIRC) has rejected an employee’s claim that he was unlawfully discriminated against after his employer refused his request to return to work following a non-work related injury. The employee underwent multiple medical assessments which concluded he was able to resume normal duties, which the employer, for safety-related reasons, chose to […]

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1, 2, 3, 4 – Guiding you through the new Code for addressing sexual and gender-based harassment at work

Whether it’s your work, health and safety obligations or the positive duty in the Sex Discrimination Act 1984 (Cth) (SD Act) (see our related article here), close enough is no longer good enough. Proactive compliance is key. Safe Work Australia has recently released the ‘Sexual and gender-based harassment – Code of Practice’ (Code) to provide […]

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Last-minute closure of some of the ‘loopholes’

More changes to employment and safety laws are on their way. While many employers, advisors, lawyers and business operators are still getting across the raft of legislative changes since December 2022, the final parliamentary sitting week of 2023 saw yet another tranche of changes passed and those changes became law on 15 December 2023. What’s […]

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Myth or reality – Our top 10 workplace myths – part two

The award doesn’t apply because we pay above the award and restraints are never enforceable. Have you heard this before? In this article, we discuss another 5 workplace myths and provide further clarity on the rights and obligations of employers and employees. You can read the first article of this two-part series here. 6. ‘I […]

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Spotlight on modern slavery: Federal Government introduces legislation to establish Anti-Slavery Commissioner

As foreshadowed in our previous article on modern slavery reporting, available here, the Federal Government has introduced the Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023 (Bill) (which amends the Modern Slavery Act 2018 (Cth) (Act)) to establish a new Anti-Slavery Commissioner. The Commissioner will have a range of functions including: promoting compliance with the […]

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Delaying the inevitable? Some sectors get a short reprieve from fixed term employment contract restrictions

Following the passing of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) in December 2022, new restrictions on the use of ‘fixed term’ employment contracts will start from 6 December 2023. You can read more about those changes in our recent article.  Significant changes will impact many employers in the way […]

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Myth or reality – Our top 10 workplace myths – part one

How many times have you heard that you must give an employee three warnings before terminating their employment? Or that you have an obligation to offer an employee a support person in every meeting? In this article, the first of a two-part series, we will discuss the most common workplace myths and provide clarity on […]

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FWC proposes a new “Arts and Culture Sector” modern award

The Fair Work Commission (Commission) is seeking the views of interested parties in relation to the proposed creation of a new modern award for the arts and culture sector. The purpose of the proposed award is to address potential overlapping award coverage and coverage gaps for employees working in the sector. The Commission has published […]

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