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
Lots has been said recently in the press about enterprise agreement making and the approval process by the Fair Work Commission (FWC). In short, the numbers of agreements being made is down and approval times are “long”. The...more
During the first quarter of 2018, corporate venture capital (CVC) firms and groups continued to make significant investments in promising startups and late-stage enterprises. In this survey, we analyze the key economic terms...more
MESSAGE FROM THE EDITOR - In this edition of the Update, we comment on the Labour Hire Licensing Act 2017 (Qld), which was recently implemented in Queensland and obliges labour hire providers to be licensed...more
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
Let’s suppose that someone (You? The other guy?) who operates wells in which others have an interest organizes the enterprise so that the owner of the leases, the owner of the overrides, the operator, several service...more
Employers will need to be prepared for close scrutiny of enterprise agreements that use a “small group” or “seed group” approach, following a number of recent developments in enterprise bargaining. The recent Federal Court...more
Employers are finding it harder to successfully negotiate changes to long term (and often expensive) benefits provided by enterprise agreements. In situations where economic circumstances dictate a need to reduce labour...more
In a decision handed down last week, the Fair Work Commission (FWC) has given (perhaps unintended) insight into the ever more complex process of getting an Enterprise Agreement approved. Enterprise Agreements will continue...more
Over the last 12 months, we have assisted many clients with the negotiation, lodgment and approval of enterprise agreements made under the Fair Work Act 2009 (Cth) (FW Act). Anecdotally, it appeared to us that employers were...more
Enterprise bargaining is down. That’s the big call out from the Department of Employment Report on Enterprise Bargaining February 2017. Comparing private sector agreement numbers from 2014 there is a reduction by a third...more
The Aurizon decision handed down on 22 April 2015 and endorsed by a Full Federal Court on 3 September 2015 has created a viable option for employers needing to move away from legacy industrial arrangements that are bad for...more
Are we in the beginnings of a cyclical upswing in industrial action in Australia? And if so, what does it mean for those involved in competitive tender processes? Data from the ABS indicates that the last spike in...more
Often enterprise bargaining ends with a deal brokered in circumstances of crisis. Perhaps industrial action and a union media campaign are now viewed as too distracting or expensive. Perhaps management discontent with long...more
Retail, like other industries, is facing challenging times. As we mentioned in our recent ‘HR Now’ blog, employers are facing a world characterised by: - continuous change – including rapid digitisation and globalisation...more
Start ups want everything to go quickly, and the agreement that everyone seems to focus on to provide or obtain a service to and from another start up is the service agreement. Sometimes the agreement is referred to as a...more
We hope you enjoy this edition of our Tech Newsletter. As technology continues to drive business innovation and growth, new and existing companies positioned to take advantage of the tech trends for 2016 will be better...more
The Bargaining Coach rarely comments on decisions of courts or tribunals. Plenty of others do that. This is a rare exception. Many of you will by now be aware of the Aurizon decision where a Full Bench of the Fair Work...more
The Full Court of the Federal Court (Court) has handed down its decision in MI&E Holdings Pty Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2015]...more