Can you monitor your employees’ keystrokes?
The remote work trend has caused many employers to struggle to adapt how they monitor productivity. Employers are increasingly utilising software to track employee output, including keystroke monitoring software (i.e. software applications that record the number of individual keystrokes typed on a keyboard, as well as mouse movement, over time). The Fair Work Commission (Commission) […]
ReadmoreEmployee who was dismissed for complaining about CEO successful in adverse action case
In a recent decision by the Federal Circuit Court of Australia, an employer has been required to pay $93,500 in compensation to a former employee whose employment was terminated as a result of a complaint he made against the CEO of the company. The employee, Joseph Noonan, successfully argued that his former employer, Advent Security […]
ReadmoreNew restrictions on fixed term employment contracts
From 6 December 2023, new limitations will apply to fixed term contracts of employment. Broadly, the changes will: limit the maximum duration of fixed term contracts to two years; provide robust restrictions to prevent employers from circumventing these limitations; and require employers to provide employees on new fixed term contracts a ‘Fixed Term Contract Information […]
ReadmoreSay goodbye – Victorian employers must destroy COVID-19 vaccination information
By 11 August 2023, Victorian employers must destroy all COVID-19 vaccination information collected, recorded, held and used under the Occupational Health and Safety Amendment (COVID-19 Vaccination Information) Regulations 2022 (Regulations), unless the employer is permitted or required under other laws to collect, use, record, or hold the information. The Regulations allowed employers to continue to […]
ReadmoreCourt ruling narrows exception to redundancy pay: what employers need to know
A recent ruling by the Full Court of the Federal Court of Australia has narrowed the exception to employers’ obligation to provide redundancy pay[1]. This development carries implications for employers, particularly those engaged in labour hire. Failing to keep up with these changes can expose employers to potential breaches of the National Employment Standards (NES). […]
ReadmorePay secrecy laws prevent employer from protecting ‘commercially sensitive’ client list
This article is a follow up to the article that Gadens’ Workplace Advisory and Disputes team published in relation to changes to the Fair Work Act 2009 (Cth) (Fair Work Act) as part of the Federal Government’s Secure Jobs, Better Pay reforms. The previous article can be found here. The Fair Work Commission has now handed down […]
ReadmoreChanges to Enterprise Bargaining – Genuine Agreement Requirement
This is the third article in Gadens’ series regarding the key workplace changes that commence from 6 June 2023, the article below takes a deep dive into changes to the enterprise bargaining process outlined in our previous piece. Employers will encounter changes to the enterprise bargaining process which started on 6 June 2023, which employers […]
Readmore6 June 2023 deadline looms for Fair Work Act key changes
This article is a follow up to the article that Gadens’ Workplace Advisory and Disputes team previously published in relation to changes to the Fair Work Act 2009 (Cth) that commence operation from 6 June 2023. The previous article can be found here. Businesses should note 6 June 2023 down as a crucial date in […]
ReadmoreBlowing the whistle on whistleblower protections: is your business aware of its obligations?
Whistleblowing in Australia has seen a rapid increase in attention given past legislative changes following the Royal Commission into the Banking, Superannuation and Financial Services industry and recent high profile whistleblower prosecutions in this space. As we go on to discuss below, in late March 2023, former public servant and Australian Taxation Office employee, Richard […]
ReadmoreWorkplace 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 […]
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. […]
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