Gadens Regulatory Recap – 30 November 2023
This edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, AFCA, AUSTRAC, the OAIC, and Treasury, including various enforcement actions taken by the regulators and updates from the 2023 ASIC Annual Forum. ASIC ASIC and AFSA sign refreshed MoU: On 16 November 2023, the Australian Securities Investment Commission (ASIC) and Australian […]
ReadmoreA new Banking Code of Practice is on the horizon
Background The Australian Banking Association’s (ABA) Banking Code of Practice (the Code) contains a set of contractually enforceable industry standards that customers and small businesses can expect subscribing banks to uphold. The Code has been in place in various forms since 1993, including a range of protections that are intended to complement and set higher […]
ReadmoreDelaying the inevitable? Some sectors get a short reprieve from fixed term employment contract restrictions
Following the passing of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) in December 2022, new restrictions on the use of ‘fixed term’ employment contracts will start from 6 December 2023. You can read more about those changes in our recent article. Significant changes will impact many employers in the way […]
ReadmoreUnpacking the possible engineered stone ban and its shake-up on construction contracts
Most of the Australian standard form construction contracts make provision for contractors to comply with ‘legislative requirements’ which are typically broadly defined to include, for example: acts, Ordinances, regulations, by-laws, orders, awards and proclamations of the jurisdiction where WUC or the particular part thereof is being carried out; certificates, licences, consents, permits, approvals and requirements […]
ReadmoreMyth or reality – Our top 10 workplace myths – part one
How many times have you heard that you must give an employee three warnings before terminating their employment? Or that you have an obligation to offer an employee a support person in every meeting? In this article, the first of a two-part series, we will discuss the most common workplace myths and provide clarity on […]
ReadmoreFWC proposes a new “Arts and Culture Sector” modern award
The Fair Work Commission (Commission) is seeking the views of interested parties in relation to the proposed creation of a new modern award for the arts and culture sector. The purpose of the proposed award is to address potential overlapping award coverage and coverage gaps for employees working in the sector. The Commission has published […]
ReadmoreNational Integrity Spotlight – October 2023
In this month’s edition of the National Integrity Spotlight, we consider the annual reports issued by the Australian integrity bodies, and updates from the National Anti-Corruption Commission. We also consider recent activities of the Western Australia Crime and Corruption Commission, and the Australian Federal Police’s Operation Avarus-Nightwolf. Integrity Body Annual Reports Over the past month, […]
ReadmoreThe only way is up: What you need to know about increased penalties and other changes to NSW WHS laws
The NSW Government is clearly ‘making good’ on its election promise to review and update the NSW work health and safety (WHS) legislation to better align with the Model Work Health and Safety Laws, as well more robust obligations for persons conducting a business or undertaking (PCBU). Penalty provisions The most important change is an […]
ReadmoreGadens Regulatory Recap – 14 November 2023
This edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, AFCA, AUSTRAC, the OAIC, and Treasury, including various enforcement actions taken by the regulators. ASIC ASIC releases second publication on insights from the reportable situations regime: On 31 October 2023, ASIC released Report 775 Insights from the reportable situations regime: July […]
ReadmoreNew announcements made ahead of Federal Government’s updated Cyber Security Strategy release
Cyber note – New developments: Australian businesses to report cyber ransom demands under proposed no-fault system New cyber-risk reporting requirements for Australian telcos With its updated Cyber Security Strategy expected to be released next week, the Federal Government has set the scene, by making a number of early announcements. What is telling is that these […]
ReadmoreUnfair contract terms and your franchise agreement
As of 9 November 2023, changes to the unfair contract terms (UCT) regime have come into effect. Franchisors should be aware that unfair terms under the previous regime are void, while unfair terms under the new regime will be unlawful and significant penalties may apply (for companies, up to $50 million or even more). Unfair […]
ReadmoreEmployee accused of misconduct reinstated following ‘deeply flawed’ investigation
The Fair Work Commission (Commission) has reinstated an employee of a mining company after his employer failed to conduct a thorough investigation into allegations of misconduct.[1] The decision is a reminder for employers to ensure that they have the necessary expertise and procedures in place before conducting internal workplace investigations, particularly when there is conflicting […]
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