News & Analysis as of

Fair Work Act

Exploiters of Overseas Workers Receive Record Fine of Over AUD500,000

by K&L Gates LLP on

With the regulator actively pursuing rogue employers and the Courts willing to impose higher penalties, it is clear that a spotlight has been cast on identifying and exposing non-compliance with the Fair Work Act (FW...more

Critical Canada Update: What You Need to Know About Changes to Ontario’s Labor and Employment Laws

On November 22, 2017, the Ontario government passed the much anticipated Bill 148, the Fair Workplaces, Better Jobs Act, 2017, which will result in significant changes to Ontario’s labour and employment landscape. The Act...more

Knock, Knock… Who’s There And Do I Have To Let You In?

by Seyfarth Shaw LLP on

Does an employer have to let a union official in? Only if they have a permit! Right of entry disputes are common – partly because of the multiple laws that at a glance seem to overlap in a way that can be confusing. The...more

Termination – The Bargaining Tool of Choice?

by K&L Gates LLP on

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

Bargaining power in favour of employers – really?

by Seyfarth Shaw LLP on

According to the Shadow Minister for Workplace Relations, Brendan O’Connor, (collective) bargaining power has tilted too much in favour of employers. This would rankle many an employer who, amongst other things, would feel...more

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

by Seyfarth Shaw LLP on

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

Workplace Relations Risks to Franchisors and Holding Companies Rise

by K&L Gates LLP on

The Federal Parliament this week passed the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (the Act), with some last minute amendments agreed to by the Government. This new legislation marks a significant change...more

Construction Update - Last Ditch Attempt to Kill Off Building Code Fails, the ABCC calls the CFMEU's Bluff on 'Safety' Issues and...

by K&L Gates LLP on

In this construction update, we look at some recent developments in relation to the Code for Tendering and Performance of Building Work 2016 (Code) and the race to achieve Code compliance before 1 September 2017. We also...more

July 1...Here We Come!

by K&L Gates LLP on

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

What Do You Do When You're Paying Your Employees Too Much?

by K&L Gates LLP on

What does an employer do when it decides that it cannot afford to continue to employ an employee at his or her current remuneration? A recent case of the Fair Work Commission has determined that these circumstances do not...more

Ontario Government Announces Sweeping Employment and Labour Law Changes

On May 30, 2017, the Ontario government announced a plan to introduce legislation entitled “The Fair Workplaces, Better Jobs Act, 2017,” that, if enacted, could mean significant changes to several employment standards and...more

Can I Get That in Writing?

by K&L Gates LLP on

As an employer, you may be faced with an employee claiming that they have not received their legal entitlements. They may be claiming they worked more hours, have not received relevant overtime or penalty rates, or they are...more

Franchising Update

by K&L Gates LLP on

Many franchisors and other participants in the franchising sector are anticipating with concern the outcome of The Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 (Bill) which was introduced into the Federal...more

Penalty Goal

by K&L Gates LLP on

The full bench of the Fair Work Commission’s decision to reduce the penalty rates payable under awards covering employees in the Retail and Hospitality industries has sparked a furore of political and media...more

Monthly Update—Australian Labour & Employment - February 2017

by Jones Day on

MESSAGE FROM THE EDITOR - In this edition of the Update, we discuss two significant developments that are likely to have far-reaching impacts for employers and employees across Australia. First, we discuss the proposed...more

Things Aren't Always As They Seem

by K&L Gates LLP on

An Albury based restaurant and its sole director have been prosecuted by the Fair Work Ombudsman for conduct towards Australian and visa workers and deliberate actions to cover up blatant breaches of the Fair Work Act 2009...more

Strike Out! Redundancies Permitted After Strike Action

by K&L Gates LLP on

In August 2016, workers at Anglo Amercian's German Creek coal mine in Central Queensland engaged in a protracted period of industrial action during bargaining negotiations for a new enterprise agreement. In order for mining...more

NYC Council Introduces Suite of Worker Protection Bills, In Likely Sign of Things to Come

As we noted in an earlier post, the election of Donald J. Trump likely means that states and municipalities—and not the federal government—will lead the charge on worker-protection issues for the next four years. In this...more

They Are Unhappy Out There

by K&L Gates LLP on

Many workplaces are not happy and bullying at the workplace appears on the rise, so the November 2016 Psychosocial Safety Climate and Better Productivity in Australian Workplaces Report and the Bullying and Harassment in...more

Code Orange Moving to Green: New Building Code for Construction Sector

by K&L Gates LLP on

The passing of the Registered Organisations Bill on by the Senate on Tuesday 22 November 2016 and the passage of the Building and Construction Industry (Improving Productivity) Bill (ABCC Bill) on 30 November 2016 following...more

ABCC Law Changes Explained

by K&L Gates LLP on

Originally published in Australian Financial Review on November 23rd, 2016. In the next two weeks the Turnbull government will attempt to negotiate the passage of its industrial relations bills through the Parliament....more

Adverse Action Provisions Apply to NSW Government Entities!*

by K&L Gates LLP on

* Well, not really…but we got your attention! And the heading is not as misleading as you might think… Of course, the general protections provisions in the Fair Work Act 2009 (Cth) (FW Act), and in particular, the...more

Enough is enough - stopping bullying in the workplace in Australia

by Dentons on

Bullying at work has long been recognized as a problem. The potential negative consequences are endless, including risks to health and safety, adverse impacts on culture and morale, increased absenteeism and turnover, damage...more

How about the 'Service'? Does Casual Employment Count?

by K&L Gates LLP on

A recent decision of the Full Bench in AMWU v Donau Pty Ltd [2016] FWCFB 3075 (Donau) has held that a permanent employee's initial regular and systematic casual employment will now be included in their service period for...more

The widening net of accessorial liability in Australia

by Dentons on

The Fair Work Act 2009 (Cth) (the Act) is a principal piece of employment legislation in Australia. Among other things, it sets out minimum terms and conditions of employment (the "National Employment Standards"), prescribes...more

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