Seyfarth Shaw LLP (JD Supra Australia)

66 results for Seyfarth Shaw LLP (JD Supra Australia)

  • The evolution of casual employment regulation

    The original idea A worker stands at the gates of the docks hoping for work. The boss approaches the fence separating dozens of huge containers from those milling outside wanting to unload them.

  • When bad facts make bad law: the impact of regulator discretion on health and safety outcomes

    Some time ago, we queried whether punitive enforcement action against duty holders was the best approach for improving health and safety outcomes for Australian workers.

  • Mental health awareness and innovation – a silver lining?

    The novel coronavirus pandemic has put a spotlight on the mental health of workers. The crisis posed immediate and acute challenges for organisations and workers. In an extremely short period of time, we have all had to navigate periods of isolation and loss of social interactions, new ways of working, constantly changing health messages and much more. The situation is unprecedented in

  • Coaching emerging leaders during COVID-19

    The Prime Minister has recently made an announcement about the process of “re-opening” the Australian economy, and a critical part of that being retraining and investment in skills development.

  • Enterprise bargaining in the new world

    As you will recall, the view of many is that enterprise bargaining in Australia has run its course. Essentially the view is that there’s little incentive for an employer to bargain (beyond avoiding harm to the business through a tumultuous bargaining campaign) nor for employees who, for some time, have only managed to extract very modest pay increases.

  • Caring for working carers

    Care or career – it doesn’t have to be a choice - Do you know which one of your nearest eight colleagues provides unpaid care for a loved one? The number of working adults who juggle unpaid carer’s responsibilities is high, hidden, and growing.

  • Will we win? The odds of success in restraint of trade cases

    When an ex-employee goes to a competitor or starts poaching clients or staff, employers often look to a restraint of trade clause to protect key business assets such as client relationships or company confidential information.

  • Finger Pointing On Agreement Approvals But…

    Lots has been said recently in the press about enterprise agreement making and the approval process by the Fair Work Commission (FWC). In short, the numbers of agreements being made is down and approval times are “long”. The graph below, recently cited in an AFR article, demonstrates a possible link between approval times slowing and a Full Bench decision involving Coles. But the numbers are...

  • Cyber Restraints Of Trade In The New Era Of Digital Markets

    An enforceable restraint of trade can be a key business asset, giving an employer time to recover when a senior employee has left the business for a competitor. Like a good insurance policy, it’s a big relief to have it when you need it.

  • The Data That Demonstrates The State Of Play Of Enterprise Bargaining

    In a previous blog, we’ve mentioned the decline of enterprise bargaining in Australia. Some data to support this follows in this blog. Both agreement numbers and employees covered by in-term agreements are in decline. Point 7 and 8 highlight the challenges faced by parties making agreements and the Fair Work Commission in processing agreement approvals.

  • Modern Slavery: The Dilemma of Internal Accountability and Resource Allocation

    Seyfarth Synopsis: This is the third in a series of blogs by our Global Modern Slavery Team dealing with how companies can get ahead of the curve of the changing legal landscape addressing the role of business and its connection to modern slavery.

  • Collective Bargaining: The Outlook

    In yesterday’s blog, we commented on the state of play in enterprise bargaining in Australia. So what’s the outlook for enterprise bargaining in Australia? Here’s the top 7...

  • The Collective Bargaining State Of Play (AKA Risk Management For Employers)

    A consistent theme in recent years for both employers and unions is that enterprise bargaining is broken. The genesis of enterprise bargaining in the mid 1990’s lay in its potential to generate productivity gains at a time when workplaces were strangled by terms and conditions set for whole industries and occupations, divorced from the particular needs of a workplace.

  • No Silver Bullet For Wages Growth, But There Are Solutions

    The debate on what is to be done about slowing wages growth of Australian workers is, understandably, receiving an increased focus in the midst of an intense election campaign.

  • Safeguards, in the Fourth Industrial Revolution

    It is widely proclaimed that we are in the midst of the “Fourth Industrial Revolution” (4IR). The leaps and bounds that are being made daily in information technology and biotechnology signal the end of homo sapiens or provide liberating freedom for the working masses, depending on which commentator’s view you believe.

  • Australia’s Landmark Modern Slavery Act Passes Into Law

    After several years of reports and recommendations, the Australian Parliament has passed the Modern Slavery Act 2018—carrying an imperative for businesses in Australia to take action on their modern slavery risks and responsibilities.

  • Unlimited Annual Leave Gathers Momentum

    It’s no secret that Australians love their annual leave. In recent years, many companies have chosen to go above and beyond minimum standards by offering extra leave – reflecting the view that rested employees are generally happier and more productive at work.

  • The Post-Employment Restraint As A Business Asset

    This is the case now more than ever given that the Supreme Court of Victoria’s decision in Just Group Limited v Peck [2016] VSC 614 (later affirmed on appeal) has arguably raised the bar for correctly drafting an effective restraint.

  • Modern Slavery Update: Take Heed, Or Take Heat

    Modern slavery legislation at the Commonwealth level in Australia is getting closer. The Modern Slavery Bill 2018 (Cth) passed the Lower House last week.

  • A Glimpse Into A Future Labor Government IR Agenda?

    A Senate Select Committee report on the Future of Work and Workers handed down this week after a year-long inquiry, gives some insight (which is likely to be startling to most employers) into the likely Labor legislative agenda in the workplace relations space if there is a change of government at the next election.

  • Outsourcing: Why The Game Has Changed

    Traditionally, alternative labour models – including outsourcing and contracting – have been used by business to defray cost and risk and deal with workflow fluctuations. Today’s environment is creating new challenges for organising and engaging alternative labour.

  • Modern Slavery Bill 2018: An Action Plan

    The introduction of the Commonwealth Modern Slavery Bill 2018 on 28 June 2018 sets an imperative for businesses operating in Australia to know, and show, how they are identifying and addressing the risks of modern slavery.

  • NSW passes Modern Slavery legislation – Key Obligations For Businesses

    The NSW Parliament yesterday passed the Modern Slavery Bill 2018. It is now awaiting assent and a commencement date, however businesses should not wait and begin planning for the new obligations.

  • Preparing Australian Employers For Increases In Employment Class Action Lawsuits

    Employment class action lawsuits are a common cause of action in North America, and while we have traditionally seen fewer in Australia, there has been a recent uptick in occurrences.

  • 7 Proven Ingredients In Successful Enterprise Bargaining

    At a recent industry conference, a keynote speaker talked about great outcomes a number of our clients achieved in a critical enterprise bargaining round. One observation was the importance of “patience“ – with which we would wholeheartedly agree.

  • Industrial Relations In An Age Of Automation

    Smart businesses will approach the automation process from the front end and engage with their workforce in a manner that ensures the business is able to harness all of the productivity benefits from automation, without suffering the industrial dissention and dislocation which so often coincides with dramatic workplace change.

  • Has The “Outer Limit” Contract Reached Its Expiry Date?

    It is common for employers to bring on employees for limited term employment, where work may not be ongoing. Traditionally, “outer limit” contracts have allowed for the employment to end on an agreed date without a resignation or dismissal. A recent decision of the Full Bench of the Fair Work Commission may have pushed “outer limit” contracts closer to their own expiry date.

  • Bargaining Levers – A Legal Pendulum

    Within eight days of each other Bill Shorten and ACTU head, Sally McManus, have called for changes to the enterprise bargaining regime which is a central feature of Labor’s own Fair Work Act. Whilst we will no doubt hear more on this these statements would be chilling to many an employer who regards the current system as stacked against them.

  • Quiet Release Of Report Likely To Change The Victorian WHS Enforcement Landscape – Carrot Or Stick Approach?

    In the last working week of 2017, the Victorian Government quietly released the Independent Review of Occupational Health and Safety Compliance and Enforcement in Victoria.

  • Big Issues Impacting Workplaces In 2018

    Social, technological and economic forces impacting the workplace will continue to pose challenges for employers, employees, unions, policy makers and regulators in 2018.

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