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Enforceable undertakings and where to find them

Like J.K. Rowling's fantasy film Fantastic Beasts and Where to Find Them, enforceable undertakings are the magical creatures of work health and safety law, allowing defendants to devote their time and resources to initiatives...more

Life Sciences Spotlight - Asia Pacific Issue 7, 2016

Welcome to the seventh edition of Life Sciences Spotlight, and our very first AusBiotech/Biofest conference edition. We are very pleased to provide updates on a number of developments in the life sciences sector across...more

Fines on the rise under the Work Health and Safety Act

Whereas organisations with no prior convictions generally faced fines of up to $550,000 (for a first offence) and $825,000 (for a second or subsequent offence) under the OHS Act, this has sky-rocketed to a maximum fine of...more

WHS Update: Officer liability

The Model Act New South Wales, Queensland, South Australia, Tasmania and the Territories have broadly similar WHS laws based on the model Act developed by Safe Work Australia (Model Act). Under the Model Act, officers...more

Medical devices employee predominately undertaking sales activities not covered by the Commercial Sales Award

The Fair Work Commission (FWC) has allowed a jurisdictional objection by Globus Medical that its former Area Manager for Queensland was not covered by the Commercial Sales Award 2010 and therefore he could not bring an unfair...more

Life Sciences Spotlight - Asia Pacific - Issue 5, 2015

In This Issue: - Harper Review Dispenses Important Recommendations For The Life Sciences Sector - Pharmaceutical Patent Term Extensions In Australia - PRC Anti-Corruption Regime 101 - Revisions To The Medicines...more

WHS Update: Officer liability - Exposure of directors and managers

The Model Act - New South Wales, Queensland, South Australia, Tasmania and the Territories have broadly similar WHS laws based on the model Act developed by Safe Work Australia (Model Act). Under the Model Act,...more

Doing Business in Australia

With strong economic fundamentals, a positive outlook, proximity and strong trade links with some of the world’s most dynamic economies, Australia offers a wealth of opportunities for global investors and multinational...more

10/10/2014

Comcare licensees: Push to lower barriers to entry to the federal WHS system

The Federal Government is proposing to make it easier for businesses to opt out of State and Territory specific work health and safety (WHS) laws and to join the Federal WHS system. The case for self-insurance...more

Life Sciences Spotlight - Issue 4, 2014

Since our last edition, there has been a number of developments in the Life Sciences sector across the Asia Pacific region and we are pleased to be able to update you on these recent trends. It is evident that the...more

Workplace guides in place for start of Australian anti-bullying laws in 2014 - Replacing proposed Code of Practice

After two years, two drafts and two rounds of public consultation, Safe Work Australia has determined to release its draft Code of Practice on Preventing and Responding to Workplace Bullying in the form of a Guide (Bullying...more

11/21/2013

Harmonised Work Health And Safety Laws Pushing Boundaries Into White Collar Work

Australia has an impressive track record in legislating and enforcing work health and safety laws as underscored by the recent harmonisation of work health and safety laws in most jurisdictions across Australia. Safe...more

Harmonised Work Health And Safety Laws Pushing Boundaries Into White Collar Work (Australia)

Australia has an impressive track record in legislating and enforcing work health and safety laws as underscored by the recent harmonisation of work health and safety laws in most jurisdictions across Australia. Safe...more

Life Sciences Spotlight | Issue 3, 2013

IN THIS ISSUE: - FEATURES: - A new wave of regulatory enforcement actions in China – Are we witnessing a prolonged enforcement cycle? - Update on recent decisions - Australia’s innovation patent – The...more

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

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

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

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

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

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

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

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