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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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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The only way is up: What you need to know about increased penalties and other changes to NSW WHS laws

The NSW Government is clearly ‘making good’ on its election promise to review and update the NSW work health and safety (WHS) legislation to better align with the Model Work Health and Safety Laws, as well more robust obligations for persons conducting a business or undertaking (PCBU). Penalty provisions The most important change is an […]

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Shutting down over the Christmas and New Year Period? New modern award requirements may apply to your organisation

In December 2022, the Fair Work Commission (FWC) updated the annual leave shutdown provisions contained in 78 modern awards as part of its four-yearly review. These changes took effect in the relevant awards from 1 May 2023. In the lead up to the festive season, organisations should take a moment to consider the updated shut […]

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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 […]

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FMCG 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 […]

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Pay 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 […]

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Workplace 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 […]

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Secure 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 […]

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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 […]

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FMCG 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 […]

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Reasonable 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 […]

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