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Employment Contract Australia

Seyfarth Shaw LLP

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

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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

Seyfarth Shaw LLP

Why the negative impact of non-competes is overstated

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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

Seyfarth Shaw LLP

In defence of non-disclosure agreements

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Non-disclosure agreements (NDAs or confidentiality agreements) have come under fire in recent years due to concerns that they silence victims, conceal unlawful behaviour and prevent companies and regulators from understanding...more

Seyfarth Shaw LLP

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

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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

Fisher Phillips

Australia Passes Comprehensive Workplace Reform: 12 Key Updates Employers Should Note

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Employers in Australia are facing the most comprehensive workplace relations reform in more than a decade and will need to ensure they update their policies and practices to account for key changes. Australia’s Fair Work Act...more

Jones Day

Contract Is King: High Court of Australia Provides Clarity on 'Employee vs Contractor' Test

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On 9 February 2022, the Australian High Court heard two appeals together—Construction, Forestry, Maritime, Mining and Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 ("Personnel") and ZG Operations Australia...more

Littler

Littler Global Guide - Australia - Q4 2021

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Common Law Term of Reasonable Notice Not Displaced by Statutory Minimum Notice Period - Precedential Decision by Judiciary or Regulatory Agency - In a recent decision, the Federal Circuit Court held that the common law...more

Epstein Becker & Green

Australia’s High Court Rules on How to Count Personal Leave Entitlement Under the Fair Work Act

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On August 13, 2020, 11 years after the enactment of the Fair Work Act 2009 (Cth) (the “FW Act”), Australian employers received guidance from the High Court regarding how to count the entitlement to “10 days” of personal leave...more

Seyfarth Shaw LLP

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

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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

Seyfarth Shaw LLP

Cyber Restraints Of Trade In The New Era Of Digital Markets

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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

Littler

Littler Global Guide - Australia - Q1 2019

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The new Australian Whistleblowing laws passed in Parliament on February 19, 2019, and will likely take effect in the next couple of months (July 2019) after it receives Royal Assent. The aim of the Whistleblower Act is to...more

Jones Day

Australian Workplace Class Actions on the Rise

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The Situation: It is relatively uncommon in Australia for workers or employees to bring class actions against their employers in which they allege sham contracting arrangements. The Development: Four class actions, which...more

Seyfarth Shaw LLP

The Post-Employment Restraint As A Business Asset

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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

Seyfarth Shaw LLP

Has The “Outer Limit” Contract Reached Its Expiry Date?

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It is common for employers to bring on employees for limited term employment, where work may not be ongoing. Traditionally, “outer limit” contracts have allowed for the employment to end on an agreed date without a...more

Seyfarth Shaw LLP

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

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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

K&L Gates LLP

July 1...Here We Come!

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What Rhymes with 1 July? Not 'employment contract audit', but maybe it should. 1 July is the date when a number of employment related thresholds are indexed which may affect employers' compliance with workplace laws in the...more

K&L Gates LLP

When "One and the Same" Means "One and the Same" for Western Australian Long Service Leave

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Over the last 40 years the Australian workforce has gradually become more and more mobile. Whilst employees may remain with the same group of employers, it is not unusual for employees to move between group companies and...more

Seyfarth Shaw LLP

Prescribing the “minimum effective dose”

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Drafting and enforcing post-employment restraints has a lot in common with good medicine. It is necessary to prescribe only the “minimum effective dose” – the amount necessary to produce the desired outcome with minimum...more

Seyfarth Shaw LLP

You get to write the script for this story…

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Effective restraints of trade protect businesses which rely heavily on human capital from damage that sometimes can’t be undone. These restraints – usually sitting in an employment contract – can be a key business asset....more

K&L Gates LLP

Employment Contract Taken To Task by Full Bench of the Fair Work Commission

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Project contract goes out to tender. Contract is awarded. Contractor hires employees for contract work. Project comes to an end and contractor employees are terminated. It’s the circle of contractor life and a scenario we are...more

K&L Gates LLP

A Win for Employers: High Court of Australia Rejects the Expansion of Employment Law Rights

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The High Court of Australia (High Court) has handed down a much anticipated decision in Commonwealth Bank of Australia v Barker [204] HCA32 (10 September 2014) with respect to the implied term of mutual trust and confidence...more

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