Post-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 […]

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Paid 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 […]

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Unions 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 […]

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The 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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Jobs and Skills Summit 2022 – What employers need to know

As promised in its election campaign, the Albanese Government held its Jobs and Skills Summit at Parliament House in Canberra on 1–2 September 2022. The aim of the Summit was to bring stakeholders together to work on challenges and opportunities facing the Australian labour market and economy. A set of outcomes have been announced following […]

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FMCG Express | September 2022 Edition

In the latest edition of FMCG Express, Partner Breanna Davies and the Gadens team bring you the latest developments in the consumer, retail and hospitality sectors in Australia. In this issue, our team delves into the issues surrounding positive obligations to eliminate sexual harassment in the workplace; risks and solutions when dealing with commercial contracts […]

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New psychological health regulations for Victorian employers

The Occupational Health and Safety Amendment (Psychological Health) Regulations (Vic) (proposed Regulations) are expected to commence in mid-2022, subject to approval by the Minister, which is anticipated to occur shortly. Under Victorian OHS laws, an employer must, so far as is reasonably practicable, provide and maintain a working environment that is safe and without risks […]

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Religious discrimination in employment in Victorian schools: The exceptions narrow

The purpose of changes to the Equal Opportunity Act 2010 (Vic) (the Act) from 14 June 2022, which apply to the employment practices of schools, are said to better balance the right to equality with the right to religious freedom, so that both can be appropriately recognised and enjoyed. The Act makes discrimination against the […]

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Vaccination mandates end for most workplaces in Victoria

Following the Victorian Government’s announcement that it would lift vaccination mandates other than for workers who interact with vulnerable persons, the Pandemic (Workplace) Order 2022 (No. 9) (Order) has now been made. Mandates ended for most workplaces As a result of the Order, from 11.59pm on Friday, 24 June 2022 the following workers are no longer […]

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Vaccination mandates in Victorian schools are lifted

The Victorian Government announced on 18 June 2022 that it proposed to lift its imposed third dose mandates in education. This has now been done. Lifting of mandates All vaccination mandates for education workers in Victoria were lifted from 11.59pm on Friday, 24 June 2022 under Pandemic (Workplace) Order 2022 (No 9). The Pandemic Order […]

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Detention time for parents in Victorian schools

Schools in Victoria will have new powers from 28 June 2022 to address the risk of occupational violence and aggression directed towards school staff by certain adults, including by school parents. These new laws provide for: Principals to make orders to protect members of school communities from harmful, threatening or abusive behaviour on school grounds […]

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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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