AWL Bulletins
News articles written by Australian Workplace Lawyers for reference and review:
Post employment restraints – do they still have a role to play?
Clients and information should be thought of as assets worth insuring. We may be seeing the last years of contractual non compete clauses but that doesn’t mean contractual post employment restraints don’t have a role to play. They’re not perfect but, like democracy,...
Purchasing a business? Do your employment due diligence!
When purchasing a business, one of the decisions to make is whether to take on the employees of the business being purchased. Before you commit to transferring the employment of existing employees or offering jobs to employees, you should do your employment due...
Do existing employees have to accept new employment contracts or changes?
The best time to negotiate a good contract of employment is before you start the job. Of course, sometimes contracts are provided on a “take it or leave it” basis, or the response to proposed changes is “HR won’t let us do that”. If this occurs, you should consider...
Perception does not equal reality in disciplinary action or performance management
Perception is not a basis for management or disciplinary action in the workplace and is not a substitute for reality. This should be a statement of the obvious but we are seeing an increasing trend of employment allegations being based on perceptions rather than...
Minimum wage update 2024. Steady as she goes?
The Fair Work Commission (FWC) handed down its Annual Wage Review decision on 3 June 2024. The FWC Expert Panel decided to increase the National Minimum Wage and all modern award rates by 3.75% (the rise last year in award rates was 5.75% and 4.6% the previous year). ...
Is this the end for post employment restraints (or at least contractual non competes)?
We are seeing a period of significant change in the rights, obligations and benefits associated with employment (and small contracting and gig) relationships. Amongst the changes being considered by the federal government is a restriction on the use of contractual non...
Latest casual employment changes – a return to substance over form or a Frankenstein hybrid?
Casual employment has had a difficult history in the law, swinging between common law and statutory regulation in recent years. Further changes will come into force from 26 August 2024. The essential feature of casual employment is its inherent uncertainty, whether...
Employment basics – maximum weekly hours of work and unreasonable additional hours
Recent attention on the right to disconnect means it is a good time to revisit the underlying requirements of hours of work. The Fair Work Act National Employment Standards (NES) are the foundation of employment law legal obligations. This is because these standards...
The right to disconnect – what’s it all about?
Legislation was recently passed by the federal parliament officially giving employees a “right to disconnect” outside their working hours. Subject to certain narrow exceptions (eg defence and national security), the new right applies to all private sector and federal...
A time of good cheer and goodwill to all? Tips for Christmas parties and shutdown leave
The office Christmas party and Christmas New Year shutdown are two areas that need to be treated sensitively by employers and employees. Safe Christmas Party tips The office Christmas party season will soon be in full swing again. Employers should be careful not to...