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Latest articles
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The Fair Work Act 2006 (Cth) (FW Act) creates a range of rights, obligations and liabilities, the vast bulk of which attach to employment relationships. However, the FW Act doesn’t…
![High Court resets approach to distinguishing employees from contractors]()
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The powers of the Fair Work Commission (FWC) to order compensation to a person for unfair dismissal must not be made unless the FWC is satisfied that reinstatement of the…
![FWC powers to reinstate in unfair dismissal cases are limited in labour hire arrangements]()
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If an employer is an organisation subject to the Privacy Act 1988 (Cth) (which for private sector organisations must mean they have an annual turnover of not less than $3 million),…
![Consent to provide vaccination status is not nullified by threat to dismiss]()
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UpdatesIf an employee is unwell for a period of time, employers often seek further information about the employee’s ill health. This information can be obtained from either the employee’s medical…
![In sickness and in health]()
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What an employee does in their private life is their business unless that conduct: viewed objectively, is likely to cause serious damage to the relationship between the employer and employee;…
![When an employee’s private life matters]()
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The unfair dismissal provisions of the Fair Work Act 2009 (Cth) (FW Act) can only be accessed by a person who has been dismissed. In James v NSW Trains (2021),…
![When can demoted employees access unfair dismissal laws?]()
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UpdatesAll modern awards contain a dispute-settlement procedure to be followed if a dispute arises between an award-covered employee and their employer about a matter under the award or in relation…
![Another FWC ruling confirms that compliance with public health orders doesn’t require consultation]()
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On 5 January 2022, the Prime Minister reported that the National Cabinet had agreed that the Commonwealth Attorney General will convene a meeting of relevant ministers from all jurisdictions to…
![Are you required to ensure employees who attend the workplace have returned a negative rapid antigen test?]()
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UpdatesThere are articles about it, press conferences about it, advertisements about it, emails about it, social media campaigns about it and even a song by Kyle Sandilands about it. The…
![Get vaxxed baby]()
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A situation might arise when an employee leaves your organisation and starts engaging in competitive activities in breach of the restraint clauses in their employment contract. You search for a…
![Enforcing an unsigned restraint agreement]()
