It’s all positive: AHRC’s guidance to employers on their positive duty under the Sex Discrimination Act 1984 (Cth)
The Australian Human Rights Commission (AHRC) has published guidelines on a set of seven standards for relevant businesses to comply with their positive duty under the Sex Discrimination Act 1984 (Cth) (SDA). These standards are particularly crucial for employers because from 12 December 2023, the AHRC will have the power to enforce compliance with the […]
ReadmoreFMCG Express | September 2023 Edition
In this edition of FMCG Express we consider the practicalities of implementing UCT regime required changes, recent ACCC enforcement activity and consider what risks ‘greenwashing’ can pose for our clients. We also touch on employer obligations regarding psychosocial safety and hazards, the Retail Award and other legislative changes. Partner Breanna Davies and the Gadens team […]
ReadmorePay secrecy laws prevent employer from protecting ‘commercially sensitive’ client list
This article is a follow up to the article that Gadens’ Workplace Advisory and Disputes team published in relation to changes to the Fair Work Act 2009 (Cth) (Fair Work Act) as part of the Federal Government’s Secure Jobs, Better Pay reforms. The previous article can be found here. The Fair Work Commission has now handed down […]
ReadmoreWorkplace flexibility and parental leave extension – new processes and dispute avenues
As part of the next raft of key changes to take effect from 6 June 2023, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 amendments to the Fair Work Act 2009 (Cth) (FWA) have strengthened employees’ right to request flexible working arrangements and an extension of unpaid parental leave. The FWA does […]
ReadmoreSecure Jobs, Better Pay: Key Dates and Actions for Employers
Since the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 was passed by Parliament on 2 December 2022, several key aspects of the Federal Government’s reforms to the Fair Work Act 2009 (Cth) (FW Act) have already commenced. They include provisions providing for the sunsetting of pre-Fair Work Act ‘zombie agreements’ at the […]
ReadmoreRequesting 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 […]
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 […]
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 […]
ReadmorePaid family and domestic violence leave for all school staff
From 1 February 2023 all school employees will be entitled to paid family and domestic violence leave as changes to the National Employment Standard come into operation. The entitlement to ten days paid leave replaces and improves on the existing entitlement in the NES to five days unpaid leave. The changes are intended to help […]
ReadmoreUnions seeking to expand into the real estate industry
There has been a recent push in NSW by the United Services Union (USU) and the Shop, Distributive and Allied Employees Association (SDA) to expand into the real estate industry – an industry that has traditionally seen low levels of union activities. Spokespersons from both unions have raised concerns about harassment and unsafe practices within […]
ReadmoreThe status of ‘gig economy’ workers: An update on the Deliveroo case and further changes on the horizon
In a major decision for the gig economy, the Full Bench of the Fair Work Commission has quashed a decision that a Deliveroo delivery driver was an employee, finding that there was no employment relationship and therefore the driver was not a person protected from unfair dismissal (Deliveroo Australia Pty Ltd v Diego Franco [2022] […]
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