New 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 […]
ReadmoreFrom fine to felony: The looming criminalisation of wage underpayments
The obligation for employers to pay their people correctly is not new. However, the consequences of getting it wrong are about to get dire. Whether your company or organisation employs one person or 10,000 people, it’s now more important than ever to review your processes, controls and risks related to payroll and get ahead of […]
ReadmoreRestructuring and downsizing: Tips and traps
For most businesses, a decision to undertake an organisational change can mean a reduction in operational costs, a reduction in roles, an increase in efficiencies and streamlined decision-making. However, the announcement of a restructure can often leave staff of all levels feeling tense and uncertain. Effectively navigating organisational change is not something that happens by […]
ReadmoreThe QIRC rejects employee’s bid to return to work despite favourable medical assessments
The Queensland Industrial Relations Commission (QIRC) has rejected an employee’s claim that he was unlawfully discriminated against after his employer refused his request to return to work following a non-work related injury. The employee underwent multiple medical assessments which concluded he was able to resume normal duties, which the employer, for safety-related reasons, chose to […]
Readmore1, 2, 3, 4 – Guiding you through the new Code for addressing sexual and gender-based harassment at work
Whether it’s your work, health and safety obligations or the positive duty in the Sex Discrimination Act 1984 (Cth) (SD Act) (see our related article here), close enough is no longer good enough. Proactive compliance is key. Safe Work Australia has recently released the ‘Sexual and gender-based harassment – Code of Practice’ (Code) to provide […]
ReadmoreLast-minute closure of some of the ‘loopholes’
More changes to employment and safety laws are on their way. While many employers, advisors, lawyers and business operators are still getting across the raft of legislative changes since December 2022, the final parliamentary sitting week of 2023 saw yet another tranche of changes passed and those changes became law on 15 December 2023. What’s […]
ReadmoreMyth or reality – Our top 10 workplace myths – part two
The award doesn’t apply because we pay above the award and restraints are never enforceable. Have you heard this before? In this article, we discuss another 5 workplace myths and provide further clarity on the rights and obligations of employers and employees. You can read the first article of this two-part series here. 6. ‘I […]
ReadmoreSpotlight on modern slavery: Federal Government introduces legislation to establish Anti-Slavery Commissioner
As foreshadowed in our previous article on modern slavery reporting, available here, the Federal Government has introduced the Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023 (Bill) (which amends the Modern Slavery Act 2018 (Cth) (Act)) to establish a new Anti-Slavery Commissioner. The Commissioner will have a range of functions including: promoting compliance with the […]
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