Jurisdiction: Australia

Australia: Wages trends in enterprise bargaining – latest data

The 'Trends in Federal Enterprise Bargaining' report for October-December 2016 was released by the Department of Employment this week. Across the country, Victoria recorded the highest annual wages increases of 3.6%, compared to the Australian Capital Territory with the lowest at … Continue reading

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Filed under Jurisdiction: Australia, Remuneration

Australia: Important interim order in a bullying application

A recent decision in the anti-bullying jurisdiction of the Fair Work Commission has highlighted the (potentially complicated) interaction between bullying complaints and an employer's internal investigation process. In Lynette Bayly [2017] FWC 1886, the Commission made an interim order staying an employer’s internal … Continue reading

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Filed under Employment tribunal process, Jurisdiction: Australia

Australia: Health and Safety Frequency – April 2017

Welcome to Herbert Smith Freehills Health and Safety Frequency for April 2017, where we touch on legal developments in Australian health and safety from the last three months and give you some more personal insights into what we and our … Continue reading

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Filed under Jurisdiction: Australia, Workplace Health and Safety

Australia: The new NERR – another bargaining stumbling block?

From 3 April 2017, there is a new look to the most controversial form in enterprise bargaining – the notice of employee representational rights (NERR). The NERR is the form an employer must use to notify employees, when enterprise bargaining … Continue reading

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Filed under Jurisdiction: Australia, Trade unions and works councils

Australia: Victorian Government Announces Changes to OHS Laws

Last week, the Victorian Government announced its intention to make a series of changes to different aspects of Occupational Health and Safety (OHS) Laws in Victoria. The changes were not widely publicised in advance, but may have a noticeable impact on … Continue reading

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Filed under Jurisdiction: Australia, Workplace Health and Safety

Updated HSF multi-jurisdictional guide to employee issues in business transfers

Employment law issues rarely determine the strategy for a multi-jurisdictional business acquisition, but they can certainly give rise to significant avoidable costs and delay if issues are not spotted in advance. In the Herbert Smith Freehills 2016 global survey, 57% … Continue reading

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Filed under Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK, TUPE

Australia: Dismissal for criminal convictions – The importance of proper identification of inherent requirements and considering mitigating factors

A recent report by the Australian Human Rights Commission (AHRC) reinforces the risks in dismissing an employee on the basis of past criminal convictions. Employers should exercise caution in dismissing an employee on the basis of their criminal record. It … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: Australia, Termination of employment

Australia: WAIRC Full Bench declines to imply term of ‘reasonable notice’ in employment contracts

In the recent decision of Richards v Nicoletti [2016] WAIRC 00941, the WAIRC Full Bench has determined that there is no scope to imply a term of reasonable notice of termination in employment contracts. The applicant, Mr Richards, was a … Continue reading

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Filed under Jurisdiction: Australia, Termination of employment

Australia: Judicial vs. Arbitral Power – The Limits of the Fair Work Commission’s Jurisdiction

In brief A Full Bench of the Fair Work Commission (FWC) has delivered a significant decision which confirms that the FWC does not have jurisdiction to declare rights that already exist under the Fair Work Act.1 This decision is the … Continue reading

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Filed under Jurisdiction: Australia

Australia: Top 5 tips for employers when implementing GPS devices in company vehicles

GPS tracking devices in company vehicles are becoming increasingly valuable. Businesses can track driver routes, relevant customer locations and details of their requirements to enhance customer service. Recently, a bus operator installed GPS devices on smartphones to allow drivers to … Continue reading

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Filed under Data protection, Jurisdiction: Australia