Privacy & Data Law Series | ALI and ALJ (Privacy) [2024] AICmr 131: Australian Privacy Principles and application of the employee records exemption
In the recent decision of ALI and ALJ (Privacy) [2024] AICmr 131 by the Australian Privacy Commissioner (the Commissioner), an employer was held to have breached Australian Privacy Principle (APP) 6.1 which governs the use or disclosure of personal information under the Privacy Act 1988 (Cth) (Privacy Act). This came after the employer unsuccessfully relied […]
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 […]
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 […]
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 […]
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; […]
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 […]
ReadmoreNew Respect@Work legislation introduced
On 27 September 2022, the Albanese Government introduced the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 (Cth) (the Bill) into Parliament. If passed, the Bill would implement further recommendations from Sex Discrimination Commissioner Kate Jenkins’ report, Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces (Respect@Work Report) namely: making it unlawful […]
ReadmoreModern slavery reporting obligations: what do businesses need to know?
With 30 June 2022 fast approaching, businesses required to report under the Modern Slavery Act 2018 (Cth) (Modern Slavery Act) should take steps to assess and review their second-year progress, and complete their modern slavery statement. Additionally, given environmental, social and corporate governance (ESG) is increasingly front of mind for stakeholders, corporate commitment to ethical […]
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