Appointment of Australia’s First Anti-Slavery Commissioner
Further to our previous article on modern slavery reporting, available here, the Federal Government has recently appointed Mr. Chris Evans as the inaugural Australian Anti-Slavery Commissioner. Mr. Evans has been selected following a merit-based selection process and commenced the five-year term on 2 December 2024. Previously, Mr. Evans served as the Chief Executive Officer of […]
ReadmoreFixed term contract restrictions: a further lifeline for select sectors
Restrictions affecting the use of ‘fixed term’ contracts have been in place since December 2023, however regulations were passed last year granting certain sectors a temporary reprieve by delaying the commencement of those restrictions until 30 June 2024. You can read our article on those regulations here. From 1 November 2024, the Fair Work Amendment […]
ReadmoreHigh Court rules employer liable for psychiatric injuries resulting from breach of employment contract
In the recent decision of Elisha v Vision Australia Ltd [2024] HCA 50, the High Court allowed an appeal awarding $1.44 million in damages to a former employee for psychiatric injuries resulting from breach of a disciplinary procedure contained in an employment contract. Background Mr Adam Elisha was employed by Vision Australia as an adaptive […]
ReadmoreWorkplace law changes in 2024
The past year saw numerous workplace law and rule changes and we recap some of the key updates in this article. The changes largely come from the staggered introduction of changes in the Fair Work Legislation Amendment (Closing Loopholes Act No.2) Act 2024 (Cth) (see our article here) plus Fair Work Commission activity. What employers […]
ReadmoreBeyond the bell: What are ‘reasonable additional hours’ for teachers?
The teaching profession often requires teachers to take on responsibilities beyond the classroom and outside of working hours, such as participating in community engagement, lesson planning, grading assessments and facilitating extracurricular activities. A recent survey has found that 80% of teachers say they have a less than ideal or non-existent work-life balance, with around 70% […]
ReadmoreCosts, 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 […]
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