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Natalie Gaspar joins Aoife Xuereb to discuss the Australian Federal Government’s proposed changes to employment and industrial relations, following the introduction of the Fair Work Legislation Amendment (Closing Loopholes Bill) 2023 (Cth). Natalie delves into how these reforms could impact employers in the consumer sector, including in relation to casual employment, fixed term contracts, wage theft compliance, gig-economy participants and … Read more
In this podcast, Andrew Taggart, Jenny Andrews, Sian McKinley and Maura McIntosh discuss the types of dispute that are most frequently brought as employment class actions, the procedures that apply, and the strategic challenges and issues that arise for those defending such claims. The presenters are all authors of Class Actions in England and Wales, a textbook … Read more
On 4 September 2023, the Federal Government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Cth) (Bill) in the House of Representatives. This Bill is significant, running to 278 pages and covering 28 distinct parts. It proposes reforms that will have a substantial impact on employers, employees, principals, and contractors. In many respects, the Bill … Read more
This month the Australian Human Rights Council (the AHRC) has published its Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth) (the Guidelines). These Guidelines are the AHRC’s comprehensive legal guidance on the duty, and the AHRC has indicated it will be using these guidelines to assess compliance. As you … Read more
As usual, the weeks before the Summer Parliamentary recess have seen a flurry of consultation announcements and legislative progress. Our round-up is below: Legislation Reforms to right to request flexible work: The Employment Relations (Flexible Working) Bill received Royal Assent on 20th July 2023. It requires regulations to be implemented, but once in force will: … Read more
The President of the Employment Tribunals (Barry Clarke) recently published new Guidance on Alternative Dispute Resolution (“ADR“). For the most part this is sensible updating of the Guidance issued by his predecessor in 2018, outlining the different forms of ADR that parties are encouraged to use. However it introduces a new form of ADR for … Read more
In two highly publicized administrative actions, the Federal Trade Commission and the National Labor Relations Board have sought to end, or at least significantly curtail, the use of noncompete agreements, and standard non disparagement and confidentiality provisions in severance agreements, respectively. Both actions will be challenged, thus creating a limbo period for employers as the … Read more
As noted in our 27 March 2023 Employment Note, the Assistant Minister for Competition, Charities and Treasury, Andrew Leigh MP (Leigh) recently requested advice from the Australian Competition and Consumer Commission (ACCC) about the competitive impacts of non-compete post-employment restraints. Leigh suggests that non-compete clauses in employment contracts hampers job mobility and wage growth, and … Read more
The Court of Appeal has ruled that an employer could not have claims from multiple claimants struck out on the basis of a technical breach of tribunal rules concerning Acas Early Conciliation certificate numbers. Early conciliation had been completed in respect of all of the claims, but the EC certificate number given on the claim … Read more
