Allens Arthur Robinson

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We look at whether a dismissal is a redundancy when the work is still being performed by others; where Fair Work Australia may still approve an agreement without good faith bargaining; Fair Work Australia having clarified the scope of flexibility terms; enterprise agreements should not cover positions an employer has yet to fill; notification of enterprise agreements in the digital age; and Fair Work Australia upholds the termination of an employee for refusing to work as directed

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The Fair Work Ombudsman has recently issued a guideline outlining how transition provisions, which will come into force on 1 July 2010, will work for modern awards. Partner Tim Frost speaks to Boardroom Radio about which workplaces will be affected by these provisions and what they will need to do to be ready for them

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We look at an unfair dismissal case that dealt with the issue of an employee failing to provide their employer with relevant medical information to assist in their return to work; the scope of enterprise agreements and common law obligations; the issue of a pay rise as an example of negotiating in bad faith; and the failure to comply with mandatory notice requirements in an enterprise bargaining agreement

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In response to the report on the Federal Government's National Consultation on Human Rights, the Government has released its proposed agenda on the issue, Australia's Human Rights Framework. Partner Alex Cuthbertson, Senior Associate Rachel Nicolson and Lawyer Swee Leng Harris summarise the framework's key initiatives, and their likely impact on federal legislation, policies and programs.

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Under the Fair Work Principles, companies vying for Federal Government contracts will be required to have compulsory arbitration clauses in their enterprise agreements or otherwise risk being passed over for consideration. Partner Adam Lunn speaks to Boardroom Radio about potential impact of the Principles on companies tendering for Federal Government work

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We look at dispute resolution clauses in enterprise agreements; when enterprise agreements will transfer with employees; the potential consequences of workplace harassment; and whether the scope of a proposed enterprise agreement is a proper subject for bargaining

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Company directors are facing stiffer penalties and personal liability for workplace injuries whether or not an accident has taken place, under new OHS laws set to come into effect within two years. Partner Peter Arthur speaks to Boardroom Radio about what effect this will have on directors and what steps they should take in the meantime

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We look at the dangers of potential demotion during restructures andthe cost to employers; the protection of employers' confidential information; the obligationfor employers to provide a'reasonable opportunity' for their employees toconsider an enterprise agreement; and the states referring workplace regulation to the federal jurisdiction

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Yesterday the High Court unanimously quashed the conviction of an employer-company and its director for breaches of its OHS obligations following the fatality of an employee. The court's decision will have a significant impact on the interpretation of NSW employers' OHS duties and the way in which prosecutions are brought for breaches of all OHS legislation in Australia. Partner Peter Arthur and Lawyer Jonathan Adamopoulos report

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In the midst of the traditional new year holiday period, the Federal Government released the Productivity Commission's final report on executive remuneration in Australia. Allens Executive Partner Paul Quinn and Lawyer Ben Ferguson summarise the findings of the Productivity Commission and analyse its recommendations on the reporting of executive remuneration

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We look at whether employers can communicate directly with their employees even though they are engaged in good faith bargaining with a trade union; a case that shows that deeds of release are not absolute; and the circumstances where Fair Work Australia may suspend protected industrial action on the grounds of significant economic harm

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We look at an employee's resignation in breach of contract; a company policy regulating activities performed outside work; restraining employees from using confidential customer lists after their employment ends; the introduction of random drug and alcohol testing to meet occupational health and safety obligations; and the NES, which commence on 1 January 2010

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Amendments to the Corporations Act aimed at curbing 'golden handshakes' commence today after receiving Royal Assent yesterday. Shareholder approval is now required for any termination benefits to company executives that exceed one year's base salary. Partner Peter Arthur and Law Graduate Jonathan Adamopoulos report

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We look at the draft Model OHS Act; principal contractors' OHS obligations to independent specialist subcontractors; the meaning of 'workplace' under sections 5 and 17 of the Occupational Health and Safety Act 1991 (Cth); the costliness of breaches of federal OHS laws; lack of training and supervision leading to prosecution; heavy penalties for companies that do not address well-known OHS risks; reduction in penalties for the improvement of safety measures; and upcoming WA reforms to mine safety regulation.

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On 16 November 2009, the Australian Industrial Relations Commission varied the Clerks - Private Sector Award 2010 and the Banking, Finance and Insurance Award 2010 by removing the exemption provision from each Award, and replacing it with an annualised salary clause. Senior Associate Veronica Siow and Law Graduate Sarah Hampton report.

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Provisions in the Fair Work Act have made interaction between employers and employees via social media potentially dangerous. Partner Adam Lunn speaks to Boardroom Radio about the possible implications of employers interacting with employees on Facebook and other social media, and what businesses can do to avoid such outcomes

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We look at the meaning of 'reasonable additional hours'; the Productivity Commission's draft report on executive remuneration; what amounts to a sham arrangement; the incorporation of company policies into employment contracts; and lessons so far on bargaining under the Fair Work reforms

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We look at the issue of the enforceability of a post-employment restraint; the phasing-in period for the new Modern Awards; and the validity of an employment contract where an employee has been wrongfully terminated

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The High Court has handed down its decisions regarding the prosecutions against John Holland Pty Limited by the Victorian and New South Wales Workcover Authorities.1 The court ruled that a non-Commonwealth licensee can be prosecuted under State occupational health and safety legislation. Partner Peter Arthur and Law Graduate Jonathan Adamopoulos report

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Long-awaited draft harmonised OHS laws were released this week. Allens Senior Associate Ric Morgan speaks to Boardroom Radio about the implications of the laws, in particular new positive duties imposed on directors and officers

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We look at whether a term of mutual trust and confidence will be implied in an employment contract; the issue of an employer's intention in relation to a forced resignation; new legislation to reform company executive retirement and termination benefits; and the term 'in the course of employment' in a NSW workers' compensation case

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We look at the process of harmonising OH&S law; the restrictive nature of NSW's OH&S legislation; drug testing in the workplace; the consequences of an employer failing to seriously consider an employee's safety concerns; where does a worker's journey end for the purposes of worker' compensation claims in NSW; appropriate sentencing of a defendant's failure to enforce safe work practices; and the importance of identifying the real causes of workplace injuries

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In this edition we look at what defines a casual employee; we review bargaining under the new Fair Work Act; a case dealing with the recognition of casual work for the calculation of employment service; and changes to anti-discrimination/disability legislation

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We look at enforcing a post-employment restraint of trade; the consequences of failing to adhere to dispute resolution provisions in an employment contract; the potential cost of revoking an employment inducement; and an employer's responsibilitytodeal withallegations of sexual harassmenteven in the absence of a formal complaint

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The Federal Government has reintroduced the Corporations Amendment (Improving Accountability on Termination Payments) Bill 2009 following a process of public consultation in response to widespread opposition to the Bill in its original form. Partner Peter Arthur looks at the key points of the legislation.

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We look at the ATO's new superannuation guarantee ruling; the new Fair Work Ombudsman; a case that gives some clarification as to when a payment in lieu of notice may be illegal; what constitutes a 'genuine' attempt to reach an agreement; and under what circumstances an alleged breach can warrant dismissal before a full investigation has been completed

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The proposed changes to employee share and option plans has caused an uproar from both business and unions. Partner Sarah Bernhardt speaks to Boardroom Radio about the impact of these changes

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Last week, the Australian Prudential Regulation Authority released proposed extensions of its prudential standards to cover remuneration, and a draft prudential practice guide on remuneration policies for financial institutions. Allens Executive Partner Paul Quinn looks at the new guidelines

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Recent off-field incidents involving sportspeople has led sporting teams and sponsors to enact moral hazard clauses in contracts. Partner David Yates speaks to Boardroom Radio about how these clauses function

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The Federal Government has released a draft of new laws regulating executive termination payments for public consultation. The Corporations Amendment (Improving Accountability on Termination Payments) Bill 2009 places strict caps on termination or 'golden handshake' payments to directors and executives, and clarifies the types of payments that will form part of a termination benefit. Executive Partner Paul Quinn and Senior Associate Lisa Keohane report

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In this issue we look at a recent decision providing guidance on matters that can be included in an enterprise agreement; changes to transmission of business rules; a case that illustrates what may happen where a working relationship is incorrectly characterised; competition with an employer; and a case that deals with the protection of an employer's copyright

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Amid the global recession and significant negative public sentiment against excessive executive remuneration practices, the Federal Government has mandated the Productivity Commission to examine Australia's framework for executive remuneration, including the tax treatment of equity based remuneration. In addition, the Government has proposed reforms to significantly broaden the circumstances in which shareholder approval of executive termination payments is required. Partner Sarah Bernhardt and Senior Associate Gaibrielle Germanos examine the taxation aspects of the reform proposals

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In our quarterly Focus on safety at work, we look at the second report on harmonisation of occupational health and safety laws in Australia, the dangers for employers even if an occupational health and safety risk is not located on work premises, risk assessment and the Beaconsfield Gold Mine disaster, the s28(a) defence in NSW, and the high penalties attracted by a failure to manage well-known risks to safety at work.

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We look at the new regime for unfair dismissal; the case of Miles v Genesys Wealth Advisers Limited; and the prohibition on discrimination against employees for taking industrial action

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The Commonwealth Government recently released a report on whistleblowing. Partners Tim Frost and Matthew McLennan and Senior Associate Jane McCosker review the existing laws in this area, consider the likely impact of the report and offer some suggestions about how to approach the issue of whistleblower protection.

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News reports are full of strange goings on in Canberra last night. The Senators were hard at it until 2.30 this morning working through their issues with the Fair Work Bill. Changes made to the Bill in the Senate overnight are likely to result in the Government voting down its own Bill (in amended form) later today. The key issue is the definition a small business for the purpose of the unfair dismissal laws. Partner Tim Frost reports on the main developments

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In our recent Focus: Executive remuneration - to regulate or not to regulate?, we reported on developments in the regulation of executive remuneration in Australia and around the world. The Federal Government yesterday made two key announcements which seek to clarify some of the questions that have been raised about their approach to this area. Executive Partner Paul Quinn and Lawyer Ben Ferguson report

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We look at union right of entry provisions under the new Fair Work legislation; a principal's duty of care when delegating extra hazardous duties to contractors; an employer's responsibility under OH&S legislation for an employee's foolish behaviour; what can constitute dishonesty in the workplace; and the tax treatment of certain termination payments

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We look at employers' obligation to pay severance, the potentially binding nature of representations made during employment negotiations, the importance of setting out termination rights clearly, and new legislation in Victoria regulating the payment of wages

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We look at an employer's discriminatory conduct against a former employee; whether a union can be regarded as a 'competent administrative authority' in an unlawful termination claim; and a Federal Court decision restraining employees, to protect their former employer's confidential information

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Organisations that do not provide websites accessible to disabled persons risk disability discrimination claims. Partner Belinda Thompson and Senior Associate Joanna Musk report on best practice guidelines issued by the Australian Human Rights Commission (formerly the Human Rights and Equal Opportunity Commission) to assist organisations to achieve accessibility

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We look at employees' rights, and prohibitions, concerning freedom of association provisions; the operation of the Independent Contractors Act; limitations around the implied duty of good faith and fair dealing; and acceptable alternative employment in a transmission of business

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New fatigue requirements for long-haul transport drivers have been introduced in most states and territories. Partner Maryjane Crabtree, Senior Associate Ric Morgan and Lawyer Monique Carroll report

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We look at draft modern awards for 14 priority industries; changing trends in workplace drug-testing; restraints in fixed-term contracts; and Safe Work Australia takes shape

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We look at when garden leave may amount to an unreasonable restraint of trade; enforcing restraints in special services contracts; whether an employer can have a duty to dismiss employees; and penalties for employees who give inadequate notice of resignation

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We look at directions to undergo medical examinations; right of entry for unions; suspending employees; the Fair Pay Commission's wage-setting decision and a new remuneration cap for unfair dismissals

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We look at National Employment Standards; an employer's obligation to re-employ injured workers; the evidence of reasons for dismissal; implied term of mutual trust and confidence; and the six-month rule in a transmission of business

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We look at discrimination and an imputed disability; unlawful work stoppages; the implication of an entitlement to redundancy; protected action ballots; and who is responsible for workplace safety

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We report on union threats to disrupt work amounting to coercion; post-termination evidence justifying termination; Victorian legislation that will increase protection against discrimination for family responsibilities; and the need to consider alternatives for injured workers.