Requesting that employees work on public holidays: Are you getting it right?
Does this sound familiar? Employee: “But it’s Anzac Day”. Manager: “Sorry, the roster says you’re working”. Employee: “Suppose I don’t have a choice then“. An appeal decision of the Full Court of the Federal Court of Australia in Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC […]
ReadmoreFMCG Express | March 2023 Edition
The latest edition of FMCG Express goes straight to the heart of legal issues affecting corporate Australia in 2023; reforms to unfair contracts legislation; changes to the Fair Work Act; privacy law amendments; and cyber and data security. Partner Breanna Davies and the Gadens team of contributors are at the forefront of the analysis of […]
ReadmoreRegulatory action for greenwashing is upon us
Last week, the Australian Securities and Investments Commission (ASIC) commenced civil penalty proceedings for alleged greenwashing against Mercer Superannuation (Australia) Limited (Mercer). This is in addition to ASIC having issued penalty notices to at least four companies for alleged greenwashing, since October 2022. Last year, ASIC identified investigating greenwashing and taking enforcement action where greenwashing […]
ReadmoreReasonable notice claim costs employer
The recent case of Daigle v SCT Operations Pty Limited [2022] NSWDC 364 (Daigle) has highlighted the importance of ensuring that employees have an agreed, lawful period of notice of termination in their employment contract. In Daigle, a geotechnical engineer who had been employed for over 16 years was made redundant. Daigle’s contract did not […]
ReadmoreFair Work Ombudsman takes holding company to court for alleged underpayments of subsidiaries
The Fair Work Ombudsman (FWO) has issued proceedings against a large, national retailing holding company and four of its subsidiaries in the Federal Court of Australia for alleged underpayments that occurred between January 2017 and March 2019. A refresher on the relevant law The Fair Work Act 2009 (Cth) (Act) makes it unlawful for employers […]
ReadmoreWhat the new Respect@Work legislation means for employers
On 25 November 2022, the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) (Act) was passed by Parliament. This article highlights the legislative changes that employers must closely examine, understand and implement in their workplaces. Positive duty to eliminate unlawful sexual discrimination The Act amends the Sex Discrimination Act 1984 (Cth) (SD […]
ReadmoreAmendments to the Fair Work Legislation – Secure Jobs, Better Pay
Introduction The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (Amending Act), passed by Parliament on 2 December 2022, is the first tranche of the Albanese Government’s industrial relations reform agenda and amends the Fair Work Act 2009 (Cth) (FW Act). The Amending Act has not passed without controversy, with many critics of […]
ReadmorePost-employment restraints: a refresher
Post-employment restraints, also known as ‘restraints of trade’, refer to clauses contained within an employment agreement that seek to prevent former employees from engaging in a range of competitive activities after their employment ends. Restraints of trade can be contained in various types of agreements, including: employment agreements, business sale agreements and/or shareholder agreements. For […]
ReadmoreImplementing domestic and family violence leave
The Domestic and Family Violence leave amendment to the Fair Work Act 2009 (Cth) (FWA), passed on 27 October 2022, amends the National Employment Standards (NES) to introduce 10 days of paid leave for victims of domestic or family violence for employees each year (Leave).[1] The Leave will come into effect from 1 February 2023.[2] […]
ReadmoreDismissing a local government employee? Don’t breach section 283
Local governments may consider that they have a robust disciplinary process that delivers procedural fairness through show-cause processes and investigations. While such actions may be sufficient under other employment law frameworks, local governments have unique additional obligations under the Local Government Regulation 2012 (Qld) (Regulation) when determining if disciplinary action is reasonable under the Local […]
ReadmoreCOVID-19 | Changes to COVID-19 isolation rules – impacts for businesses
More than two years on from the start of the COVID-19 pandemic, National Cabinet announced on 30 September 2022 an end to mandatory COVID-19 isolation commencing 14 October 2022. From this date, individuals who test positive for COVID-19 will no longer be required to isolate for any mandatory isolation period (which was reduced from seven […]
ReadmoreNew Respect@Work legislation introduced
On 27 September 2022, the Albanese Government introduced the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 (Cth) (the Bill) into Parliament. If passed, the Bill would implement further recommendations from Sex Discrimination Commissioner Kate Jenkins’ report, Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces (Respect@Work Report) namely: making it unlawful […]
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