Are you Getting your Workplace Investigations Right?

In light of the new anti-bullying regime under the Fair Work Act 2009 (Cth), it is more important than ever that employers understand how a workplace investigation should be conducted, and have robust policies and procedures in ...

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Subrogation Under Section 560 of the Corporations Act

Dalma No.1 Pty Ltd ("Dalma") went into administration with employee-related liabilities of about $600,000. Background After the administrators were appointed a related company, Dalma Construction Pty Ltd ("DC"), made substanti...

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What a Shame it’s a Sham

The recent Federal Court decision in National Tertiary Education Union v Royal Melbourne Institute of Technology [2013] FCA 451 highlights the issues that can arise for an employer when defending against a general protections (adv...

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Employee Share Schemes for Start-Ups and Listed Companies: Potential Changes at Both Ends of the Spectrum

The Federal Government has recently released a discussion paper that explores alternatives for making employee share schemes ("ESS") more attractive and easier to implement for start-up companies. At the other end of the spectr...

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Mutual Trust and Confidence now a Part of Every Employment Contract

An Australian court of appeal has confirmed that there is an implied term of mutual trust and confidence in all employment contracts unless there are express terms in a contract which are inconsistent with that implied term. Impo...

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Fair Work Commission’s New Bullying Powers Confirmed

As explained in our previous article , the changes arose out of a Federal parliamentary committee report entitled Workplace Bullying "We just want it to stop", which issued various recommendations in October 2012, and attempted to...

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