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 […]
ReadmoreTrade promotions myth busting – do you need approval for your draw system?
Trade promotions myth busting – do you need approval for your draw system? The winners of many ‘game of chance’ trade promotions are determined by electronic random draw. There is some confusion in the marketplace about the need to get your electronic draw system approved by state and territory trade promotions regulators. Until relatively recently, […]
ReadmoreEmployers, brace for changes to the Privacy Act’s employee record exemption
With everything and everyone moving online, going paperless and adopting flexible work practices, it’s no wonder employers are collecting more and more personal information, including sensitive personal information, from their employees. The employee record exemption At present, an organisation acting in its capacity as the employer (or former employer) of an individual in relation to […]
ReadmoreBuy Now Pay Later: ‘Walks like a duck’ regulation announced
On 22 May 2023, the Treasury announced that the Buy Now Pay Later (BNPL) industry will be regulated under the National Consumer Credit Protection Act 2009 (Credit Act). The move was announced by the financial services minister and assistant treasurer, Stephen Jones MP, at the Responsible Lending & Borrowing Summit. The announcement confirms that the […]
ReadmoreIn NSW, the DBP Act is about to extend to the commercial sector, encompassing projects involving hotels and aged care facilities
In 2020, the New South Wales Government introduced the Design and Building Practitioners Act 2020 (NSW) (DBP Act) and the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (RAB Act) as part of long-awaited reforms aimed at improving the standard of construction work in NSW and restoring public confidence in the industry. From […]
ReadmoreNational Integrity Spotlight – April 2023
This edition of the National Integrity Spotlight considers a recent operation into corruption undertaken by the Australian Commission for Law Enforcement Integrity, the appointment of a new Privacy Commissioner specifically focusing on data breaches, the Senate Inquiry into existing Freedom of Information laws, the enlivenment of referendum disclosure obligations, a new consultation on AML/CTF laws, […]
ReadmoreThe Filetron case – an important judgment for all NSW local councils when determining a development application
The Land and Environment Court of NSW in Filetron Pty Ltd v Innovate Partners Pty Ltd atf Banton Family Trust 2 and Goulburn Mulwaree Council [2023] NSWLEC 45 (Filetron case) has delivered an important judgment for all NSW local councils in regard to determining a development application. In Filetron case, which was a Class 4 […]
ReadmoreReminder to report: modern slavery statements due
Prior to 30 June 2022, Gadens provided an update for businesses required to report under the Modern Slavery Act 2018 (Cth) (Modern Slavery Act). The article (which can be accessed here) set out: what businesses need to know; who is required to report; what is required to be reported; the reporting deadlines; how businesses report; […]
ReadmorePost-Budget 2023 Analysis – Superannuation – Frankly, not creditable
Following on from its previous announcement, the Australian Federal Government has confirmed that from 1 July 2025, individuals with a total superannuation balance (TSB) exceeding $3 million will be personally subject to an additional tax on increases in their TSB at a rate of up to 15%. TSB includes all superannuation held by an individual. […]
ReadmoreSenate to shine spotlight on concerning greenwashing behaviour
On 29 March 2023, the Senate announced a landmark inquiry into the practice of greenwashing in Australia, with its final report due for publication by 5 December 2023. This development echoes growing concerns both in Australia and globally regarding greenwashing by businesses across a range of sectors, including the making of vague, false or misleading […]
ReadmoreGadens Regulatory Recap
This edition of the Gadens Regulatory Recap considers updates from ASIC, APRA, OAIC, ABA and legislative updates, with a focus on key outcomes arising from the Federal Budget. ASIC Design and Distribution Obligations: ASIC released Report 762 Design and distribution obligations: Investment products which found a significant number of product issuers had produced deficient target […]
ReadmoreAre you meeting your psychosocial obligations?
On 1 April 2023, the Managing the risk of psychosocial hazards at work Code of Practice 2022 (Code), published by Safe Work Australia, was approved under the Work Health and Safety Act 2011 (Qld) (WHS Act) and became legally enforceable in all Queensland workplaces covered by the WHS Act. The Code comprehensively addresses the process […]
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