Allan Drake-Brockman

Allan Drake-Brockman

DLA Piper

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Latest Publications


Australia: Possibility of separating adverse action and prohibited reason emphasised by Federal Court

Case: State of Victoria (Office of Public Prosecutions) v Grant [2014] FCAFC 184 - On 23 December 2014, the Office of Public Prosecutions (OPP) successfully overturned a Federal Circuit Court decision. The judge at...more

1/28/2015 - Adverse Action Australia

Facing the looming economic threat: Third parties retain the right to intervene in threatened industrial action

Third parties have retained the recently acquired right to intervene to protect their interests in the face of threatened industrial action. In response to a recent dispute, the Coalition government amended the Fair Work...more

9/29/2014 - Australia Fair Work Act Third-Party Risk

End-of-year party precautions and the top tips to manage this risk

The season of workplace social functions is upon us, for better and for worse. An office party that goes off the rails is not just the subject of water cooler gossip; it's a real source of employee complaints, workers...more

12/17/2013 - Holiday Parties Holidays Human Resources Professionals OHSA Sexual Harassment

Australia: Accommodation is not a 'payment' - the Mammoet Case

We have now had just over a week to consider the effect of the Mammoet Case (CFMEU v Mammoet [2013] HCA 36). In the Mammoet Case, the High Court unanimously allowed an appeal from a decision of the Federal Court of...more

8/27/2013 - Australia Fair Work Act Industrial Action Wages

Australia: General Protections - Best Practice Guide

OVERVIEW - The general protections protect “workplace rights” as defined broadly in the FW Act. The general protections prohibit “adverse action” being taken against a person when that person decides to, or not to,...more

8/15/2013 - Adverse Employment Action Australia Discrimination Employee Rights Employer Liability Issues

Australia: Industrial Action - Best Practice Guide

OVERVIEW - The FW Act contains a central distinction between “protected” industrial action (that is, lawful action) and “unprotected” industrial action (unlawful action). However, a designated “bargaining period”...more

8/15/2013 - Australia Collective Actions Collective Bargaining Industrial Action Lockouts Notice Requirements Protected Activity Strike Unions

Australia: Termination Of Employment - Best Practice Guide

WHAT OBLIGATIONS ARISE? Unfair dismissal laws, which are set out in the Fair Work Act 2009 (Cth) (FW Act), apply to a large number of Australian employees and generally give those employees the broadest protection...more

8/14/2013 - Australia Employer Liability Issues Fair Work Act Hiring & Firing Termination

Australia: The Safety Net - Best Practice Guide

COMPLIANCE WITH THE NES - An employer must comply with the NES in relation to each of its employees. Any attempt to exclude the NES or provide less favourable entitlements will not be effective as the NES...more

8/14/2013 - Australia Employee Benefits Employee Rights International Labor Laws Paid Leave

Australia: Managing Ill Or Injured Workers - Best Practice Guide

TAKING THE PLUNGE - Often, the first step is for an employer to ask, and if necessary, direct the employee to undergo a medical examination. Where the employee refuses, the employer needs to decide whether that...more

8/14/2013 - Australia Bodily Injury Compliance Employee Benefits Employer Liability Issues Medical Examinations Sick Leave Workplace Injury

Australia: Bargaining Under The Fair Work Act - Best Practice Guide

ENTERPRISE AGREEMENTS - The FW Act provides for the making of an enterprise agreement that is simply a collective agreement that covers one (single-enterprise) or more employers (multi-enterprise) and the employees...more

8/14/2013 - Australia Collective Bargaining Employee Rights Fair Work Act

Australia: Right Of Entry For Unions - Best Practice Guide

OVERVIEW - There are three types of ROE for union officials seeking to enter ‘workplaces’ under the FW Act: - To hold discussions with employees whose interests the union is entitled to represent - To...more

8/14/2013 - Australia Fair Work Act Foreign Jurisdictions OHSA Unions

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