Seyfarth Shaw LLP (LexBlog Australia)

International Women’s Day for 2024 has the important theme of Count Her In: Invest in Women. The UN talks about the importance of empowering women and investing in women in a range of ways. This includes accelerating women’s economic empowerment by recognising that when women entrepreneurs are successful, this can lead to more benefits. The...

In our previous post celebrating the firm’s decade in Australia, our partners shared their insights into the most significant changes in employment and safety law that have affected leading employers. This post further explores our partners’ perspectives on the major changes and trends that they anticipate will have a major impact on Australian businesses in...

By Rachel Bernasconi, Paul Cutrone, Marissa Dreher, Ben Dudley, Chris Gardner, Erin Hawthorne, Justine Giuliani, Sarah Goodhew, Philippa Noakes, Darren Perry, Penny Stevens, Henry Skene and Michael Tamvakologos Seyfarth just celebrated ten years of service to leading employers in Australia. To mark the occasion, we invited some of our partners to share insights on the evolution of employment,...

By Rachel Bernasconi, Paul Cutrone, Marissa Dreher, Ben Dudley, Chris Gardner, Erin Hawthorne, Justine Giuliani, Sarah Goodhew, Philippa Noakes, Darren Perry, Penny Stevens, Henry Skene and Michael Tamvakologos Seyfarth just celebrated ten years of service to leading employers in Australia. To mark the occasion, we invited some of our partners to share insights on the evolution of employment,...

Seyfarth just celebrated ten years of service to leading employers in Australia. To mark the occasion, we invited some of our partners to share insights on the evolution of employment, industrial relations and workplace safety in Australia over the past ten years. What have been the biggest changes in employment law, industrial relations and workplace...

Seyfarth is pleased to announce the promotion of Marissa Dreher to the position of partner with the firm. The appointment of Marissa brings the total partner promotions from within the team to five since the Australian offices of Seyfarth opened in Australia in 2013, in addition to a number of lateral partner hires. The appointment...

By Michael Tamvakologos Seyfarth Synopsis: Many Australian businesses use contractual restraints of trade to protect confidential information and customer relationships. In this update we answer frequently asked questions about the future of restraints of trade in Australia, and consider options available to companies in the event that some types of restraints are no longer available. Are...

Many Australian businesses use contractual restraints of trade to protect confidential information and customer relationships. In this update we answer frequently asked questions about the future of restraints of trade in Australia, and consider options available to companies in the event that some types of restraints are no longer available. Are restraints of trade still...

Many Australian businesses use contractual restraints of trade to protect confidential information and customer relationships. In this update we answer frequently asked questions about the future of restraints of trade in Australia, and consider options available to companies in the event that some types of restraints are no longer available. Are restraints of trade still...

The High Court of Australia’s decision in the Qantas outsourcing case[1] has been widely reported. But both the scope of the decision and the key takeaway have potentially been misunderstood. How do you (dis)prove a negative presumption about your reasons? The real issue in this case, as in most adverse action cases, was why Qantas...

Seyfarth recently hosted a webinar entitled Asia-Pacific Reductions in Force: Ten Things to Look Out for, addressing the practical issues employers should be aware of when restructuring in APAC. We shared examples across a variety of countries in the region, including Australia, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, the People’s Republic of China, Singapore,...

By Kathryn Weaver, Rachel Bernasconi, Yana Komsitsky and Leon Mao. Seyfarth Synopsis: Seyfarth recently hosted a webinar entitled Asia-Pacific Reductions in Force: Ten Things to Look Out for, addressing the practical issues employers should be aware of when restructuring in APAC. We shared examples across a variety of countries in the region, including Australia, Hong...

The arrival of a four-day workweek (where staff work fewer hours with no loss of pay) is a hot topic for employers in Australia and overseas. Employees generally see this work arrangement as a viable way to maintain a work/life balance, whilst employers are keen to retain talent through innovative arrangements that keep them engaged...

Employers around Australia will need to review and centralise sexual harassment prevention initiatives in light of the new duty in the Sex Discrimination Act 1984 to take “reasonable and proportionate” measures to prevent sexual harassment. The nature and extent of this positive duty will be the subject of much legal argument. But what is clear...

Seyfarth is pleased to announce the promotion of Justine Giuliani and Philippa Noakes to the position of Partner with the firm. Stephen Crilly has also been promoted to Counsel. The partner appointments of Justine and Philippa bring the total partner promotions from within the team to four since the Australian offices of Seyfarth opened in...

Make no mistake about it, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 is the most significant thing to happen to this country’s industrial relations landscape since John Howard’s WorkChoices in 2005. In fact, the Bill is the most significant development since the introduction of enterprise bargaining in 1993, when Paul Keating...

The beginning of 2022 has marked the commencement of the third reporting season under the Modern Slavery Act 2018 (Cth) (Act). All eligible entities operating on the Australian financial year should have submitted their second modern slavery statement by the end of December 2021. Those operating on a calendar financial year are due to submit...

The World Economic Forum’s Global Gender Gap Report 2021 estimates that at the current rate of progress it will take more than two and a half centuries to close the worldwide gender gap in economic participation and opportunity, with Australia ranked 70 out of 156 countries. Although the proportion of skilled women in the workforce...

Whether there will be a “Great Resignation” in Australia has been fiercely debated for weeks. But whatever the different viewpoints, stabilisation, recovery, and growth in 2022 will be critical for most businesses. Timing is everything – the need for growth coincides with widespread fatigue and burnout among the workforce, ongoing uncertainty associated with the new...

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....

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: Collective bargaining remains unlikely to be the answer for productivity gains – as has been the case for some time. Nor will it deliver the across-the-board wages...

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. The Labor Party has described this election as “A referendum on wages”. The Australian Council of Trade Unions, under its “Change the Rules” campaign, argues that...

By Paul Cutrone, Sam Witton and Sarah Goodhew Seyfarth Synopsis: This morning we feature a blog from our colleagues at Seyfarth Shaw Australia, which provides updates and insights on workplace issues, employment law and health and safety, from Seyfarth Shaw Australia’s team of local and international experts. Our clients care deeply about innovation and technology. We know this from...

We are excited to announce that Erin Hawthorne has been promoted to partner. Although we have grown through lateral partner appointments over the past few years, Erin is the first promotion to partner from within the team since the Australian offices of Seyfarth Shaw opened in Australia. “Erin has been a leader in our team...

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. Updates to the legislation The Modern Slavery Bill generated impassioned debate in both the House and Senate, passing with bipartisan support and...

Modern slavery legislation at the Commonwealth level in Australia is getting closer. The Modern Slavery Bill 2018 (Cth) passed the Lower House last week. The Opposition pushed for several amendments to the legislative framework including establishing an Independent Anti-Slavery Commissioner to oversee implementation and enforcement of the legislation, the introduction of penalties on companies...

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. Reporting Requirement At the centre of the Bill is the Modern Slavery Reporting Requirement: a mandatory requirement that entities...

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. What does this mean for Australian employers? Without large numbers of cases and their precedents to study, how you plan for and prevent class actions...

Automation is a game changer that is altering the industrial landscape. A Committee for Economic Development of Australia publication estimates that over the next 10 to 20 years, 40% of jobs in Australia have a high probability of being susceptible to computerisation and automation. Smart businesses will approach the automation process from the front end and...

The Australian Government’s inquiry into establishing a Modern Slavery Act reflects a growing domestic and international commitment to eliminate the exploitative practices of modern day slavery, and recommends new reporting and due diligence obligations for businesses operating in Australia. Hidden in plain sight Over 40 million people around the world are trapped in conditions of...