Costs, caution and consequences: ‘Rare’ ruling against a paid agent
In the recent decision of Flexy Services Pty Ltd v Mr Brian Newman [2024] FWC 2840, the Fair Work Commission (FWC) made a costs order against a paid agent who represented an employee in making a general protections claim against her employer. Background Ms. Georgina McBride was engaged as a casual employee by Flexy Services Pty […]
ReadmoreA review of multi-enterprise bargaining
In late 2022, the Fair Work Act 2009 (Cth) (FW Act) received significant amendments to enterprise bargaining, which came into effect on 6 June 2023. Through the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth), amendments to the FW Act were made to increase access to single interest employer authorisations (SIE Authorisations) and […]
ReadmoreConsumer Express | October 2024 Edition
In our tenth edition of Consumer Express we consider the hot topics facing our consumer clients, including the right to disconnect and what it really means, the first tranche of the new privacy reforms and how to prepare for what’s coming, helpful tips on structuring trade promotions, as well as AI washing. Our regulators have […]
ReadmoreContractor by name, employee by nature: FWC’s latest call
In the recent decision of Pascua v Doessel Group Pty Ltd [2024] FWC 2669, the Fair Work Commission (FWC) considered whether a Philippines-based legal assistant who performed work for a law firm in Queensland was an employee or an independent contractor. Background The applicant was engaged under a contract dated 21 July 2022 which was […]
ReadmoreFederal Court upholds six-month restraint
The Federal Court of Australia has reinforced the enforceability of post-employment restraints in employment agreements, awarding a six-month restraint to an employer whose former employee violated their non-solicitation and non-compete clauses. This verdict underscores the critical importance of well drafted post-employment restraints in safeguarding a business’s proprietary information and competitive edge. Background The applicant, Broadband […]
ReadmoreThe right to disconnect: It’s time to prepare a workplace policy
The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth)[1] establishes a right to disconnect for the first time in Australian legislation. The novelty of this right has garnered significant media attention, whilst leaving employers uncertain of the precise implications of these changes. The provisions will take effect for the majority of employers […]
ReadmorePrivacy & Data Law Series | ALI and ALJ (Privacy) [2024] AICmr 131: Australian Privacy Principles and application of the employee records exemption
In the recent decision of ALI and ALJ (Privacy) [2024] AICmr 131 by the Australian Privacy Commissioner (the Commissioner), an employer was held to have breached Australian Privacy Principle (APP) 6.1 which governs the use or disclosure of personal information under the Privacy Act 1988 (Cth) (Privacy Act). This came after the employer unsuccessfully relied […]
ReadmoreNew draft ruling: Who is an employee, according to the ATO?
The ATO administers and enforces superannuation guarantee compliance under the Superannuation Guarantee (Administration) Act 1992 (Cth) (SGAA). The ATO has released its updated (draft) ruling TR 2023/4 on ‘who is an employee’, to set out its view on who is an employee for superannuation guarantee purposes. The update to draft ruling TR 2023/4 is a […]
ReadmoreDoing business in Australia
The Gadens Doing business in Australia guide provides foreign investors with an overview of the Australian business, economic and regulatory environment, as well as practical advice on how to go about setting up and doing business in Australia. Australia is an ideal investment location for foreign companies looking to grow internationally, benefitting from well-developed infrastructure, […]
ReadmoreWhat you need to know about upcoming superannuation changes
With the new financial year upon us, employers should note some important changes to key superannuation caps, rates and obligations. Increase to the superannuation guarantee contribution (SGC) rate The SGC rate will increase from 11% to 11.5% on 1 July 2024. The rate will then continue to increase from 11.5% to 12% on 1 July […]
ReadmoreFMCG Express | March 2024 Edition
In this edition of FMCG Express we consider the regulatory landscape of AI, what to do when you receive a (potentially) defamatory online review, recent Fair Work Act changes (particularly how these changes affect casual workers), and we consider specifics around ESG reporting. Partner Breanna Davies and the Gadens team have prepared this edition to […]
ReadmoreChange at pace: What you need to know about recent changes to the Fair Work Act 2009 (Cth)
Workplace laws are changing following the passage of the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) (Closing Loopholes No.1) and the Fair Work Legislation Amendment (Closing Loopholes No.2) Act 2024 (Cth) (Closing Loopholes No.2) in the past few months. The changes are some of the most significant workplace law reforms seen in some […]
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