Allens

17 May 2013

We report on union eligibility rules; what constitutes an offer of acceptable alternative employment; the consequences of an employee's refusal of a settlement offer; an ATO ruling on ordinary hours of work; and whether a complaint about employment made to an employer can constitute a 'workplace right'.

10 May 2013

The Coalition released its industrial relations policy yesterday. Overall, the policy does not contemplate radical changes and instead confirms the Coalition's intention to work within the existing industrial relations framework. However, there are several interesting issues arising from the policy, particularly in relation to unions' rights of entry and enterprise bargaining. Partner Simon Dewberry and Senior Associate Rima Hor report on the key proposals.

24 April 2013

This paper contains details of the submissions prepared by Allens for the purpose of addressing the proposed amendments outlined in the Fair Work Amendment Bill 2013.

19 April 2013

We report on the clarification of when an 'arrangement' could meet the transfer of business test; changes to the Fair Work legislation; under what circumstances a termination payment is a genuine redundancy payment; issues when seeking to stay a reinstatement order; and policy requirements for avoiding vicarious liability for an employee's unlawful sexual harassment.

09 April 2013

The number of days lost to industrial disputes increased sharply in 2012. Partners Anthony Arrow and Simon Dewberry spoke to BRR Media about the likely reasons behind the increase, the lessons learned, and how businesses can manage industrial relations risk.

14 March 2013

The High Court of England & Wales recently confirmed that where an employer and employee had signed a compromise agreement to oversee the employees departure, the employer was entitled to withhold a conditional benefit where the employee breached the conditions of the agreement.

28 February 2013

There have been some key changes to anti-discrimination laws flagged in recent months. Partner Simon Dewberry speaks to BRR Media about the latest developments and their impact on businesses.

20 February 2013

We look at a case that points to greater shareholder power to scrutinise executives' termination pay; the limits on the operation of restraint of trade clauses; difficulties faced by employers relying on abandonment of employment as a basis for termination; and the importance ofstrict compliance withprescribed legislative steps when negotiating an enterprise agreement.

14 February 2013

Proposed regulatory changes for executive remuneration was the key topic at Allens' Corporate Counsel Seminar Series this week. Following his presentation as part of the series, Executive Partner Paul Quinn spoke to BRR Media about the changes to executive remuneration and the effects of the 'clawback' and 'two-strikes' provisions

21 December 2012

The criminal charges arising from the Deepwater Horizon oil spill in the Gulf of Mexico during 2010 are a timely reminder of the potential criminal consequences of breaching duties under Australian work health and safety laws. Partner Tracey Greenaway and Special Counsel Eleanor Jewell report.

20 December 2012

We look at when regulations will constitute a 'workplace law' for General Protections claims; whether employees can proceed with unfair dismissal claims against companies in voluntary administration; a new focus for gender equality laws; and a Full Federal Court decision that confirms the broad scope of when injuries will be considered to have been suffered in the course of employment.

04 December 2012

We look at serious misconduct relating to pay arrangements as a basis for summary dismissal; the reinstatement of an employee terminated for posting offensive comments about his managers on social media; the reinstatement of a union delegate dismissed for bullying; redundancy not being genuine because of the employer's failure to consider all available redeployment options; and two recent decisions upholding restraint clauses in employment contracts.

21 November 2012

The Federal Government has released draft legislation consolidating federal anti-discrimination laws. Partner Simon Dewberry and Senior Associate Rachel Nicolson report.

30 October 2012

We look at claiming unjustifiable hardship to resist a disability discrimination claim; liability for HR policy breaches; opt-out clauses and enterprise agreements; steps to avoid vicarious liability for sexual harassment; Fair Work Australia's approach to the 'better off overall' test; and amendments to the Fair Work legislation.

13 September 2012

We look at the issue of persistent 'surface' bargaining?when it is reasonable to check the veracity of a workers' compensation claim; consultation as a component of a genuine redundancy; the importance of honesty in an employment relationship; and enforcing a lengthy restraint.

10 September 2012

In overturning a recent Full Federal Court of Australia decision, the High Court found that an employee does not have special protection if they are a union member or are otherwise engaged in lawful industrial activity. Partner Peter Arthur and Senior Associate Andrew Stirling report.

10 August 2012

We look at a Federal Court decision upholding a finding that adverse action had been taken against an aircraft engineer who made a complaint about his entitlements; an employee receiving workers' compensation for a psychological injury suffered after a negative mid-year review; the Queensland Court of Appeal restraining a salesperson from performing duties for a competitor; and a finding that a payment in lieu of notice can be a termination payment within Part 2D.2 of the Corporations Act.

03 August 2012

The Federal Government's review into the Fair Work Act has recommended amendments, but there is no prospect of substantive change, and whatever change does occur will be delayed while further consultation takes place. Partner Tim Frost and Senior Associate Andrew Stirling look at the main recommendations.

29 June 2012

We look at the Federal Court having confirmed that protected industrial action to force an employer to bargain for an enterprise agreement is allowable; penalties for unsafe work practices; a three-year post-employment restraint being held to be reasonable; and a dismissal as part of a global restructure being held to be a genuine redundancy

24 April 2012

A recent decision that has confirmed that compensation is available to an employee (injured while having sex in a hotel room during a work trip) highlights the broad scope under the current law as to when injuries will be regarded as having taken place during the course of employment. Partner John Edmond, Senior Associate Jonathan Light and Lawyer Stephen Lloyd report on the decision that has particular implications for employers and worker's compensation insurers

10 April 2012

Revised Victorian guidelines will create uncertainty for Victorian building industry participants. Partner Simon Dewberry and Senior Associate Andrew Stirling report

05 April 2012

In this issue we look at the findings of the Federal Court in a sexual harassment case; the issues relevant to the enforceability of restraint clauses; what level of responsibility companies may have for the employees of their sub-contractors; and the issue of procedural fairness in dismissal processes

03 April 2012

The High Court has confirmed that simply engaging a contractor to perform work may be a reasonably practicable way for a principal to ensure worker health and safety. Partner Simon Dewberry and Senior Associate Andrew Stirling report

20 March 2012

In this issue we report on a summary dismissal of union delegates case; opt-out clauses in enterprise agreements; an adverse action claim case; and what conduct will constitute sexual harassment

29 February 2012

The Federal Government has introduced draft laws directed at companies that engage in 'phoenix'-related activity, including imposing liabilities on the directors of those companies. Partner Simon Dewberry, Special Counsel Luke Gattuso and Senior Associate Matthew McCarthy report

28 February 2012

The Federal Government is currently conducting a post-implementation review of the Fair Work Act. Partners Jamie Wells and Simon Dewberry spoke to BRR Media about some aspects of the Act that should be changed

07 February 2012

In this issue we consider whether employees can claim redundancy payments when their roles transfer to a new employer as part of a business sale; the circumstances in which comments posted to a Facebook page might justify termination of employment; what considerations apply when an employee pursues more than one set of proceedings arising from a single workplace scenario; and we provide an update on the national work health and safety legislative framework

19 January 2012

Yesterday, the Federal Government's Fair Work Act review panel released its background paper. Partner Simon Dewberry looks at the paper and the process of making a submission

21 December 2011

We look at the operation of a post-termination restraint of trade clause; an adverse action claim arising in the context of performance management by an employer; a decision allowing prepayment of annual leave entitlements under the National Employment Standards; and changes to work health and safety legislation affecting principal contractor appointments in Queensland

30 November 2011

We look at work health and safety laws harmonisation; redeployment obligations in a redundancy; employer rights to determine where on-site union meetings are held; and whether asserting a right under an employment contract can ground an adverse action claim

08 September 2011

We look at whether an employer has the right to dismiss an employee for not working on a public holiday; Fair Work Australia's position on intervening in the bargaining process; social media usage in the workplace; proving bullying in an unfair dismissal case; and going to court to restrain a company's board from passing a termination resolution

29 August 2011

In a trend known as BYO Computing, employees are increasingly wanting to use their own mobile computer technology for work purposes. Mobile computing can benefit employers, but there are legal risks as well. Michael Pattison and Simon Dewberry speak to Boardroom Radio about the legal issues surrounding mobile computing and how to manage them

05 July 2011

We look at a case in which an executive's termination was held to have been lawful; a development in the test for distinguishing between employees and independent contractors; new Victorian anti-bullying legislation; enforcement of a post-employment restraint; company director liability for underpayment of wages; protected action ballot orders and when they can be granted; employer negligence for failing to protect employees from psychiatric injury; possession of psychological disorder not sufficient to make performance management and dismissal unfair; and increases to the national minimum wage

27 May 2011

Employers need to familiarise themselves with important legislative amendments to anti-discrimination laws that are likely to come into effect in July 2011. In particular, the standard for what constitutes sexual harassment has been lowered, and employers now have an obligation to protect employees from sexual harassment in a broader range of workplace contexts. Partner Peter Arthur, Lawyer Tristan Garcia and Law Graduate Edwina Watson report on the changes and what they mean for employers

09 May 2011

We look at freedom of association provisions; restraints of trade involving intermediaries; the burden of proof in adverse action claims; fiduciary duties to subsidiaries; and whether an employment contract is repudiated by an employer asking an employee to assume a diminished role

06 May 2011

The NSW Government yesterday introduced in Parliament the Occupational Health and Safety Amendment Bill 2011 which, if passed, will remove the reverse-onus duty provisions in the Occupational Health and Safety Act 2000 (NSW) and substantially modify the personal liability of directors. These changes are proposed to commence ahead of the Model Work Health and Safety Bill on 1 January 2012. Partner Peter Arthur and Lawyer Jonathan Adamopoulos report

28 March 2011

Federal Parliament has passed legislation that shields journalists - and potentially bloggers and others - from having to disclose the identities of their sources. Partner Tim Frost speaks to Boardroom Radio about how the new law will work and what it means for the disclosure of sensitive information

21 February 2011

In this issue: we look at the need for an employer to act upon its contractual obligations regarding performance bonuses; protected action ballot orders; drug and alcohol testing; proving an employee's dismissal is not for an unlawful reason; and damages resulting from an employer giving misleading information.

23 December 2010

The Federal Court has clarified receivers' obligations to pay employees' leave entitlements and superannuation contributions out of the assets of a company subject to a floating charge. The court held that receivers are only required to pay Entitlements that fall due before their appointment. Special Counsel Philip Blaxill and Lawyers Bryn Dodson and Melanie Rifici report

22 December 2010

we look at implied terms in employment contracts; senior employee liability for workplace breaches; criminal conviction as a reason for terminating employment; damages calculations arising from breach of an independent contract; dealing with complaints of underpayment; and the Equal Opportunity Act 2010 (Vic)

16 December 2010

Any company or individual conducting business, regardless of whether it has any employees, will be liable under new draft regulations which are the next step towards the national harmonisation of occupational health and safety laws. Partner Peter Arthur and Lawyer Jonathan Adamopoulos report on new draft Regulations and draft Codes of Practice released by Safe Work Australia

30 September 2010

A recent unfair dismissal case raises issues once again for employers and employees over the use of social media. Partner Adam Lunn speaks to Boardroom Radio about the lessons that need to be heeded when using social media outlets such as Facebook

24 September 2010

The Australian Taxation Office's Employee Share Scheme working party had its winding up meeting this week. Partner Sarah Bernhardt (who was a member of the working party) and Lawyer Teresa Campbell report on the main discussion points

09 July 2010

We look at whether a dismissal is a redundancy when the work is still being performed by others; where Fair Work Australia may still approve an agreement without good faith bargaining; Fair Work Australia having clarified the scope of flexibility terms; enterprise agreements should not cover positions an employer has yet to fill; notification of enterprise agreements in the digital age; and Fair Work Australia upholds the termination of an employee for refusing to work as directed

23 June 2010

The Fair Work Ombudsman has recently issued a guideline outlining how transition provisions, which will come into force on 1 July 2010, will work for modern awards. Partner Tim Frost speaks to Boardroom Radio about which workplaces will be affected by these provisions and what they will need to do to be ready for them

10 May 2010

We look at an unfair dismissal case that dealt with the issue of an employee failing to provide their employer with relevant medical information to assist in their return to work; the scope of enterprise agreements and common law obligations; the issue of a pay rise as an example of negotiating in bad faith; and the failure to comply with mandatory notice requirements in an enterprise bargaining agreement

03 May 2010

In response to the report on the Federal Government's National Consultation on Human Rights, the Government has released its proposed agenda on the issue, Australia's Human Rights Framework. Partner Alex Cuthbertson, Senior Associate Rachel Nicolson and Lawyer Swee Leng Harris summarise the framework's key initiatives, and their likely impact on federal legislation, policies and programs.

15 April 2010

Under the Fair Work Principles, companies vying for Federal Government contracts will be required to have compulsory arbitration clauses in their enterprise agreements or otherwise risk being passed over for consideration. Partner Adam Lunn speaks to Boardroom Radio about potential impact of the Principles on companies tendering for Federal Government work

07 April 2010

We look at dispute resolution clauses in enterprise agreements; when enterprise agreements will transfer with employees; the potential consequences of workplace harassment; and whether the scope of a proposed enterprise agreement is a proper subject for bargaining

01 April 2010

Company directors are facing stiffer penalties and personal liability for workplace injuries whether or not an accident has taken place, under new OHS laws set to come into effect within two years. Partner Peter Arthur speaks to Boardroom Radio about what effect this will have on directors and what steps they should take in the meantime