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Why the negative impact of non-competes is overstated (Part 2)

As we discussed in our previous blog on non-competes (as well as other types of restraint of trade), the move to add regulation has been gaining momentum since Federal Treasurer Jim Chalmers announced in August 2023 a...more

Why the negative impact of non-competes is overstated

It seems like death by a thousand cuts. In August last year, Federal Treasurer Jim Chalmers announced a Competition Review to examine competition laws, policies and institutions to focus on reforms that would increase...more

The next ten years: Seyfarth’s partners discuss the future of employment and workplace safety law in Australia

In our previous post celebrating the firm’s decade in Australia, our partners shared their insights into the most significant changes in employment and safety law that have affected leading employers. This post further...more

A decade in Australia: Seyfarth’s partners reflect on changes in employment and workplace safety law

Seyfarth just celebrated ten years of service to leading employers in Australia. To mark the occasion, we invited some of our partners to share insights on the evolution of employment, industrial relations and workplace...more

How will the potential ban of employment restraints affect Australian employers?

Many Australian businesses use contractual restraints of trade to protect confidential information and customer relationships. In this update we answer frequently asked questions about the future of restraints of trade in...more

The demise of labour hire – the problem, policy and politics

In his press club speech on 31 August 2023, just days before the public release of the Closing Loopholes Bill, Minister for Employment and Workplace Relations the Hon Tony Burke MP described the problem of the labour hire...more

“IR laws top CEO concerns”

This is The Australian’s 8 December 2022 headline. It reflects the result of its 2022 CEO Survey. We’re not surprised. It echoes the observation made in our previous blog about the new laws getting much C-suite interest....more

Multi-employer bargaining under “Secure Jobs, Better Pay” – 10 implications for employers

Across a range of disciplines, the Fair Work Amendment (Secure Jobs, Better Pay) Act 2022 will bring a paradigm shift. Indeed, on our count, there are thirteen new civil penalty laws aimed at employers arising from new...more

The psychological assumption behind multi enterprise bargaining

In our previous blog, Chris Gardner and I explained why in our view, if the Secure Jobs, Better Pay Bill was made law, it would spell the end of single-enterprise bargaining. We said this would happen because many employers...more

The end of enterprise bargaining

In our previous blog on the Secure Jobs, Better Pay Bill, Darren Perry explained that the Bill would change the workplace landscape if passed. Why that is, we will explore here....more

Should pay secrecy clauses stay or go?

There’s been a lot of debate in mainstream and social media in the past week about major Australian corporates removing pay secrecy clauses from their employment contracts. The Financial Services Union is keeping sustained...more

What do the Jamsek and Personnel Contracting High Court cases really mean for the future of contracts and the performance of work?

Most recent commentary on the recent High Court decisions in Jamsek and Personnel Contracting suggests that the Court has confirmed the primacy to be given to the terms of the written contract when determining the nature of...more

The evolution of casual employment regulation

The original idea A worker stands at the gates of the docks hoping for work. The boss approaches the fence separating dozens of huge containers from those milling outside wanting to unload them. ...more

The gig economy – a new category of worker on the horizon?

Over five years ago, in 2015 we wrote a thought piece about the “gig economy” and where it might be headed. Given the gig economy was then only emerging as a part of the broader economy, the impacts, positive and negative,...more

The Six Investment Principles To Apply To Win In Litigation

At first blush, time-honoured investment principles and the principles to be applied in getting good legal outcomes seem worlds apart. But after practicing law for eighteen years, and observing the financial markets, I have...more

Will we win? The odds of success in restraint of trade cases

When an ex-employee goes to a competitor or starts poaching clients or staff, employers often look to a restraint of trade clause to protect key business assets such as client relationships or company confidential...more

Cyber Restraints Of Trade In The New Era Of Digital Markets

An enforceable restraint of trade can be a key business asset, giving an employer time to recover when a senior employee has left the business for a competitor. Like a good insurance policy, it’s a big relief to have it when...more

No Silver Bullet For Wages Growth, But There Are Solutions

The debate on what is to be done about slowing wages growth of Australian workers is, understandably, receiving an increased focus in the midst of an intense election campaign....more

The Post-Employment Restraint As A Business Asset

This is the case now more than ever given that the Supreme Court of Victoria’s decision in Just Group Limited v Peck [2016] VSC 614 (later affirmed on appeal) has arguably raised the bar for correctly drafting an effective...more

Preparing Australian Employers For Increases In Employment Class Action Lawsuits

Employment class action lawsuits are a common cause of action in North America, and while we have traditionally seen fewer in Australia, there has been a recent uptick in occurrences. ...more

7 Proven Ingredients In Successful Enterprise Bargaining

At a recent industry conference, a keynote speaker talked about great outcomes a number of our clients achieved in a critical enterprise bargaining round. One observation was the importance of “patience“ – with which we...more

Why “Future Proofing” Is A Myth

For years, the emergence of truly global supply chains and the rise of large, increasingly skilled workforces has wrought havoc on labour supply in Western developed countries. ...more

Changing An Employee’s Duties: Is That A Redundancy?

In a dynamic and fast paced business environment, structuring the workforce to meet changing operational requirements is front of mind for most employers....more

A Modern Slavery Act For Australia

Over 40 million people around the world are trapped in conditions of modern slavery, according to estimates from the Walk Free Foundation and International Labour Organization, including an estimated 4300 victims “hidden in...more

Proposal to outlaw “unrepresentative” enterprise agreements – when will an enterprise agreement be undone?

Yesterday, the Shadow Minister for Industrial Relations Brendan O’Connor foreshadowed amending the bargaining regime in the Fair Work Act to outlaw so-called “sham agreements”....more

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