What 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 […]
ReadmorePipe dreams – Manager ordered to repay employer after receiving benefits
A recent decision in the Supreme Court of New South Wales has seen a former manager and his consulting company ordered to pay the manager’s former employer a total of $474,054 between them. The finding was made on the basis that the manager and his consulting company had received profits as a result of the […]
ReadmoreSwings, roundabouts and loopholes – more amendments to the Fair Work Act
On 4 September 2023, the Federal Government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill), its third tranche of Industrial Relations reform in the last 12 months following the passing of the Secure Jobs, Better Pay and the Same Job, Same Pay amendments to the Fair Work Act 2009 (Cth) (Act). While […]
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 […]
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 […]
ReadmoreReasonable notice claim costs employer
The recent case of Daigle v SCT Operations Pty Limited [2022] NSWDC 364 (Daigle) has highlighted the importance of ensuring that employees have an agreed, lawful period of notice of termination in their employment contract. In Daigle, a geotechnical engineer who had been employed for over 16 years was made redundant. Daigle’s contract did not […]
ReadmoreFair Work Ombudsman takes holding company to court for alleged underpayments of subsidiaries
The Fair Work Ombudsman (FWO) has issued proceedings against a large, national retailing holding company and four of its subsidiaries in the Federal Court of Australia for alleged underpayments that occurred between January 2017 and March 2019. A refresher on the relevant law The Fair Work Act 2009 (Cth) (Act) makes it unlawful for employers […]
ReadmorePost-employment restraints: a refresher
Post-employment restraints, also known as ‘restraints of trade’, refer to clauses contained within an employment agreement that seek to prevent former employees from engaging in a range of competitive activities after their employment ends. Restraints of trade can be contained in various types of agreements, including: employment agreements, business sale agreements and/or shareholder agreements. For […]
ReadmoreUnions seeking to expand into the real estate industry
There has been a recent push in NSW by the United Services Union (USU) and the Shop, Distributive and Allied Employees Association (SDA) to expand into the real estate industry – an industry that has traditionally seen low levels of union activities. Spokespersons from both unions have raised concerns about harassment and unsafe practices within […]
ReadmoreThe status of ‘gig economy’ workers: An update on the Deliveroo case and further changes on the horizon
In a major decision for the gig economy, the Full Bench of the Fair Work Commission has quashed a decision that a Deliveroo delivery driver was an employee, finding that there was no employment relationship and therefore the driver was not a person protected from unfair dismissal (Deliveroo Australia Pty Ltd v Diego Franco [2022] […]
ReadmoreFMCG Express | September 2022 Edition
In the latest edition of FMCG Express, Partner Breanna Davies and the Gadens team bring you the latest developments in the consumer, retail and hospitality sectors in Australia. In this issue, our team delves into the issues surrounding positive obligations to eliminate sexual harassment in the workplace; risks and solutions when dealing with commercial contracts […]
ReadmoreCriminal charges for Victorian long service leave underpayments
This month, the Wage Inspectorate Victoria (WIV) has flexed its muscle by commencing criminal proceedings against subsidiaries of one of Australia’s largest financial institutions. This follows the successful investigation of Coles by the WIV in 2020, which revealed long service leave underpayments. In this article, we elaborate on these two actions. Background The main functions […]
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