Restraint clauses in the spotlight
The Federal Treasury is engaging in consultation as part of a review into worker non-compete clauses and other related restraints (the Competition Review). Concerns have been identified by stakeholders and through recent court decisions about the widespread use of restraints clauses including in contracts for low paid workers (who are not compensated for the restraint), and
Payments on Termination of Employment – Employer Obligations
Many employers continue to operate on the basis that, on termination of employment (for whatever reason) entitlements will be paid ‘in the next pay run’ or ‘in the next 7 days’, but this is not the correct legal approach. And the consequences of non-compliance can be costly… To illustrate the point, a recent (and complicated) Federal
Draft term release – proposed workplace delegates’ rights terms for modern awards
We have previously alerted clients to the fact that the Fair Work Commission will be required to draft model terms for inclusion in all modern awards, by 30 June 2024. Following consultation by the Commission with stakeholders over April 2024, a first draft of the proposed model term has now been released. The intention is to
Closing Loopholes Acts 2023 and 2024 – overview and effective dates of changes.
We thought it timely to provide a refresher by way of topic summary, the changes, and the effective date of those changes to the Fair Work Act. This is supported by a table below which summarises the date of effect of changes since 15 December 2023 and up to 26 February 2025. Overview Closing Loopholes Act
What’s changing to casual employment?
This Alert reminds our valued clients of the upcoming changes in relation to casual employment, following the passage of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Closing Loopholes No. 2 Act). What are the changes? The changes, which will take effect on 26 August 2024, include: A new definition of ‘casual employee’
Closing Loopholes Act – workplace delegates’ rights
This Alert summarises the changes in relation to workplace delegates’ rights following the passage of the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Closing Loopholes Act). What is a ‘workplace delegate’ and what are the rights? A ‘workplace delegate’ is defined broadly to mean ‘a person appointed or elected, in accordance with the rules of
