Strengthening Employee Entitlement Protections in the Corporations Act Amendment in focus – disqualification from managing corporations
Earlier this year, the Corporations Amendment (Strengthening Protections for Employee Entitlements) Act (Cth) commenced. This article will focus on the provisions introduced to disqualify wrongdoers from managing corporations. Please refer to our article summarising the other critical changes and key concepts for more information. The amendments introduce provisions empowering ASIC and the Court to disqualify company directors or officers […]
ReadmoreStrengthening Employee Entitlement Protections in the Corporations Act Amendment in focus – offences and civil penalty provisions
Earlier this year, the Corporations Amendment (Strengthening Protections for Employee Entitlements) Act (Cth) (the Act) commenced. This article will focus on the key changes made to the employee entitlements provisions. The purpose of the Act The objective of the Act is to stop sharp corporate practices which improperly burden the Fair Entitlements Guarantee (FEG) scheme under the Fair […]
ReadmoreStrengthening Employee Entitlement Protections in the Corporations Act Amendment in focus – employee entitlement contribution orders
Earlier this year, the Corporations Amendment (Strengthening Protections for Employee Entitlements) Act (Cth) (the Act) commenced. This article will focus on the provisions introducing employee entitlement contribution orders. Please refer to our article summarising the critical changes and key concepts introduced by the Act. The amendments aim to deter corporate groups from adopting structures where the insolvency of a corporate […]
ReadmoreModern slavery reporting: NSW legislation update
Over a year since the Modern Slavery Act 2018 (NSW) (Act) was passed by Parliament, the legislation is still yet to come into force, or even have a date set for doing so. Since that time, the Federal Modern Slavery Act 2018 (Cth) has passed and come into effect (see our previous article on that […]
ReadmoreNew whistleblowing laws – are you ready?
The Australian corporate whistleblowing regime has recently been significantly amended by the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth), which was passed by the Federal parliament on 19 February 2019. That legislation comes into operation from 1 July 2019 and creates a large compliance burden for employers. To understand the legislation, new obligations […]
ReadmoreRelease of liability clauses: how far can they go?
It is a well-established legal principle that a release clause in a settlement deed will only be effective to the extent it releases a party from liability in respect of matters that are in the contemplation of the parties at the time it is provided. Notwithstanding this, it is not uncommon to see release clauses […]
ReadmoreHuman Rights Act – employment claims
The Human Rights Act 2019 (Qld) (HRA), which is expected to commence operation on 1 January 2020, will materially influence public sector decision-making in Queensland by limiting the exercise of government power. It is essential for public entities to prepare for the new regime as it will place a magnifying glass over decision making. This […]
ReadmoreEmployment Lifecycle Series | Managing employees’ poor performance
You have successfully recruited the right candidate and prepared the new recruit for success through your effective and structured induction program. Unfortunately, employees do not always perform to the standard that is required or expected, or you may receive a complaint about an employee regarding an incident which can be regarded as misconduct. At this […]
ReadmoreAmendments to Commonwealth Whistleblower Protections
Changes to federal laws will significantly clarify and enhance whistleblower protections as well as require large companies to have formal whistleblower policies. The Federal Parliament recently passed the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2018 and it will now become law. The new laws primarily amend the current whistleblower protections found in the Corporations […]
ReadmoreTop 10 HR Issues of 2019
Over the past 12 months, a number of recent changes within the employment landscape have had a significant impact on HR teams across all industries. From casual employment and employment related class actions through to modern slavery reporting and the introduction of family and domestic violence leave, HR professionals will most certainly be challenged in […]
ReadmoreEmployment Lifecycle Series | Policies and procedures
Further to our recent Lifecycle Series article about the importance of written employment contracts, employers should also be aware of the importance of other pieces of employment documentation, namely policies and procedures. This article sets out our tips for policies and procedures and getting them right. Click here to view full size pdf. Employment Lifecycle […]
ReadmoreModern Slavery: reporting requirements have commenced
Further to our recent update, the modern slavery reporting requirements under the new Modern Slavery Act 2018 (Cth) have now commenced. The legislation, which commenced on 1 January 2019, requires entities based, or operating, in Australia, which have an annual consolidated revenue of more than $100 million, to report annually on the risks of modern […]
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