Swings, roundabouts and loopholes – more amendments to the Fair Work Act
On 4 September 2023, the Federal Government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill), its third tranche of Industrial Relations reform in the last 12 months following the passing of the Secure Jobs, Better Pay and the Same Job, Same Pay amendments to the Fair Work Act 2009 (Cth) (Act). While […]
ReadmoreEmployee who was dismissed for complaining about CEO successful in adverse action case
In a recent decision by the Federal Circuit Court of Australia, an employer has been required to pay $93,500 in compensation to a former employee whose employment was terminated as a result of a complaint he made against the CEO of the company. The employee, Joseph Noonan, successfully argued that his former employer, Advent Security […]
Readmore6 June 2023 deadline looms for Fair Work Act key changes
This article is a follow up to the article that Gadens’ Workplace Advisory and Disputes team previously published in relation to changes to the Fair Work Act 2009 (Cth) that commence operation from 6 June 2023. The previous article can be found here. Businesses should note 6 June 2023 down as a crucial date in […]
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 […]
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 […]
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 […]
Readmore
