Australia: Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023

    Labor introduced the Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 (PWE Bill) into Parliament yesterday. The PWE Bill contains the second tranche of amendments to the Fair Work system. We have put together a summary of the changes proposed to the Fair Work Act and related legislation that addresses the following: making changes … Read more

    Australia: Breaking the chains – ACCC Review of non-compete and no-poach provisions in employment contracts

    The Federal Government has recently passed some of the most extensive industrial relation reforms seen in Australia with the view to providing stronger protections for workers, improving job security and gender equity. Employers could soon be facing further changes, with the Assistant Minister for Competition, Charities and Treasury, Andrew Leigh MP (Leigh), suggesting the use … Read more

    Australian Privacy Act Review Report: Key Takeaways for Employers

    It is likely that changes will be made to the Employee Records Exemption. We explore what this could look like, plus additional proposals likely to impact employers. Australian employers are going to have to wait longer to fully understand how forthcoming changes to Australia’s privacy laws will impact them. Although the recently released Privacy Act … Read more

    The Third Wheel Podcast Series: ESG in Australia Episode 26 – International Women’s Day with Stella

    By Nerida Jessup and Natalie Gaspar In celebration of International Women’s Day, partners Nerida Jessup and Natalie Gaspar from our employment, IR and safety practice speak with Jaclyn Booton, Executive Director of the Stella Prize, a major literary award celebrating Australian women’s writing. They reflect on 10 years of Stella and its significant influence on a more vibrant and equitable … Read more

    UK: Court of Appeal confirms limits on implied contractual indemnity and employer duty of care in relation to loss caused to employee by third party

    Employers will welcome the Court of Appeal decision in Benyatov v Credit Suisse (Securities) Europe Ltd confirming that, as a matter of law, there is no implied contractual indemnity on an employer covering an employee for all losses suffered during the performance of their duties.  Employees will generally be entitled to repayment of any costs … Read more

    Asia Employment, Pensions and Incentives Update: February 2023

    Our February update covers the following: We look at key updates across Mainland China – the new sentencing guidelines for discrimination-related offences against female employees in Beijing, the guiding case on workplace sexual harassment in Shanghai and the new parental and caretaking leave rules in Guangdong. Click here for the updates. Over in Singapore, the … Read more

    Spain: Definitive approval for the Spanish Whistleblower Law

    On 21 February, Spain’s Official State Journal, the BOE, published Law 2/2023, of 20 February, on the protection of persons who report regulatory breaches and to combat corruption, which will enter into effect on 13 March. The Whistleblower Law, (i) transposes into Spanish legislation Directive (EU) 2019/1937 of the European Parliament and of the Council … Read more

    UK: refusal of flexible work request made while on leave could give rise to indirect discrimination claim even if revoked prior to the employee’s return to work

    Employers should ensure they give careful consideration to flexible working requests made during maternity or other long-term leave, as a recent EAT decision highlights that an indirect discrimination claim could succeed (and potentially give rise to an award for injury to feelings) even if the refusal of a request is overturned before the employee returns … Read more

    Australia: New shutdown rules for 78 modern awards

    New changes to apply from May 2023 impact the way employers implement annual shutdowns The Fair Work Commission (FWC) has varied 78 modern awards as part of the Commission’s 4-yearly review of modern awards process by replacing existing shutdown clauses with a new model term. See the full list of varied awards at the bottom … Read more