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Employment

The Fair Work Commission’s Annual Report for Financial Year 2018-19: What employers need to know

The Fair Work Commission's (FWC) annual reports provide employers with insight into the emerging trends in the field of employment law. With the release of the report for the 2018-2019 financial year, employers are encouraged to have...

Published by McCabes News
28 October, 2019
Commercial

The ACCC updates its Immunity and Cooperation Policy for Cartel Conduct

From 1 October 2019, the ACCC’s updated Immunity and Cooperation Policy for Cartel Conduct (the Policy) will apply to those seeking immunity for their involvement in cartel conduct, the Policy clarifying the ACCC’s expectations of immunit...

Published by Chiara Rawlins
20 October, 2019
Employment

Navigating flexible working arrangements in a post-pandemic world

Flexibility. The preference of many employees in a post pandemic world appears to be at the very least a 'hybrid' model of working – a mixture between work-from-home (or work-from-anywhere) and work from the office.

Published by Tim McDonald
10 October, 2019
COVID-19

Hitler video – funny or foul?

The Fair Work Commission considered whether an employee's dismissal for a parody of enterprise bargaining negotiations was an unfair dismissal in Tracey v BP Refinery (Kwinana) Pty Ltd [2019] FWC 4113.   Background

Published by McCabes News
3 October, 2019
Employment

Putting the theft in “Wage Theft”– criminal sanctions for employers who underpay employees?

Earlier this month, the Attorney-General's Department released two discussion papers, commissioned by the Prime Minister, investigating current issues in the industrial relations system. One of the discussion papers concerned whether there should be ...

Published by McCabes News
30 September, 2019
Litigation and Dispute Resolution

Facing the music of the ACCC’s section 155 notice

In June, the Australian Competition and Consumer Commission (ACCC) published its guideline on section 155 notices entitled "ACCC guidelines – Use of section 155 powers" (Guideline). The Guideline provides useful info...

Published by Chiara Rawlins
23 September, 2019
Employment

It’s not business as usual with the Fair Work Act – a new future for employee rights to take industrial action for climate change issues?

On 16 September 2019, Adam Bandt MP, Federal Member for Melbourne, introduced the Fair Work Amendment (Stop Work to Stop Warming) Bill 2019 (the Bill) in the House of Representatives. The Bill seeks to establish "beyond doub...

Published by McCabes News
18 September, 2019
Employment

Mind over matter: NSW Court of Appeal emphasises lay evidence over expert medical evidence on the question of testamentary capacity

How do you determine whether a person had testamentary capacity at the moment they prepared their will? In Drivas v Jakopovic [2019] NSWCA 218, such a dispute made its way to the NSW Court of Appeal. The Court had to balance the evidence of ...

Published by Andrew Lacey
16 September, 2019
COVID-19

A Religious Discrimination Bill – an overview for employers

On 29 August 2019, the Federal Government released an exposure draft of its proposed Religious Discrimination Bill for public submissions (the Bill). The Bill seeks to establish a Commonwealth Act prohibiting religious discrimination...

Published by McCabes News
15 September, 2019
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