Blog

Pay secrecy terms in employment contracts are illegal

Pay secrecy terms in employment contracts are illegal

Changes to pay secrecy laws in Australia mean that it will be illegal for employers to use pay secrecy terms in employment contracts from 7 December 2022. These laws protect employees’ rights to discuss, or not discuss, their pay with any other person, including work colleagues.

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No remedy for ABS employee terminated after sharing anti-lockdown post on LinkedIn

No remedy for ABS employee terminated after sharing anti-lockdown post on LinkedIn

The Federal Circuit Court has dismissed a claim by an employee alleging that the ABS took adverse action against her when it terminated her after she shared anti-lockdown material on her LinkedIn profile during the height of the COVID-19 pandemic in 2021.

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Win delivers significant reduction in fines for CFMMEU after successful appeal

Win delivers significant reduction in fines for CFMMEU after successful appeal

In May 2021, the Australian Building and Construction Commission issued proceedings against the CFMMEU and two of its officials for breach of right of entry laws. In February 2022, the Federal Circuit Court ordered penalties, by way of fines. On appeal it was argued that these fines were manifestly excessive. The appeal court agreed, resulting in a reduction in fines by a total of over $54,000.

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Fair Work Commission quashes sham enterprise agreement

Fair Work Commission quashes sham enterprise agreement

In this case review, the Full Bench of the Fair Work Commission has demonstrated its ability, and willingness, to overturn agreements that fail to meet legal requirements and to ensure businesses and individuals who fail to comply with the law are held to account.

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Company limited by guarantee vs incorporated association for not-for-profit organisations

Company limited by guarantee vs incorporated association for not-for-profit organisations

For many not-for-profit and non-trading organisations, choosing the right legal structure will often narrow down to a trust, incorporated association or company limited by guarantee.

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Discretionary bonus schemes – can an employer deny payment?

Discretionary bonus schemes – can an employer deny payment?

In this article, we look at the situation where your employer refuses a ‘’bonus’’ payment on the basis of the “employer’s discretion” and what your options are.

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Event organisers’ duty of care where there is obvious risk of injury

Event organisers’ duty of care where there is obvious risk of injury

In the 2022 case of Tapp v Australian Bushmen's Campdraft & Rodeo Association Limited, the High Court of Australia considered the issue of duty of care, of the event organisers, when there is an obvious risk of injury.

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Paid and unpaid parental leave entitlements in Australia

Parental leave entitlements in Australia

The parental leave system in Australia consists of a combination of entitlements, including unpaid parental leave, government-funded paid parental leave and employer-funded parental leave. These entitlements are available for employees upon the birth or adoption of a child.

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When is unpaid work legal in Australia?

Is unpaid work legal in Australia?

There are some unpaid work arrangements that are lawful, and some that are not. Whether an unpaid work arrangement is lawful or not depends upon the nature of the arrangement.

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Federal Court Win for Miner’s in Adverse Action Claim

Federal Court win in adverse action claim

In 2021, we successfully represented the CFMEU (QLD) in an adverse action claim against BM Alliance Coal Operations Pty Ltd. In January 2023, the Federal Court made an Order in favour of our client.

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Volunteer workplace rights and obligations

Volunteer workplace rights and obligations

Volunteers are not covered by any State or Federal employment awards or workplace agreements, however, they still have workplace rights that are protected in legislation.

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A guide to medical negligence claims in NSW

Medical negligence claims NSW

Your guide to suing for medical negligence in NSW if you become injured or ill due to the treatment, or lack of treatment or care of a medical professional in NSW.

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