It is worth noting that under the original timetable of the Hon Tony Burke MP for the Closing Loopholes Bill, it would have been passed as law this week.
Instead, in the face of Senate scrutiny, the Bill was pushed into Committee for examination until February 2024. In the time since, fundamental problems with the
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
In his press club speech on 31 August 2023, just days before the public release of the Closing Loopholes Bill, Minister for Employment and Workplace Relations the Hon Tony Burke MP described the problem of the labour hire loophole as follows:
“But if you have an enterprise agreement in place, the labour hire loophole
So, the business needs to cut costs. It might want to outsource. Redundancies look inevitable. But you need to be sure: so here comes a high-priced management consultant.
Things are getting expensive. Everything is on the table. There’s an enterprise agreement or two driving costs. You could get maintenance cheaper elsewhere. Or how about the
If it’s not already happening, Board room agendas will be making room for yet another compliance program.
We’ve said it before and it’s worth repeating: the bolstering of anti-sexual harassment laws will see workplaces adopt approaches akin to eliminating or minimising, so far as reasonably practicable, workplace health and safety risk. The positive duty demands
This instalment of our series on the Closing Loopholes Bill considers new measures aimed squarely at union empowerment.
The Bill mandates rights for union workplace delegates that must be included in all Modern Awards and future enterprise agreements. As a minimum, these rights will be to:
The use of contracting arrangements is widespread; however, around the world, we are seeing trends suggesting this type of work arrangement may become more restricted, higher cost or higher risk to companies in the future. We asked several partners to share their insights on what’s changing for companies that use contractors and what the key
Anything but casual…
In the first of our series examining the Closing Loopholes Bill introduced into Parliament yesterday, we look at the new measures for casual employment.
The Orwellian title of the Closing Loopholes Bill foreshadows its intentions: casual employment is double-plus-ungood. Premised on the doublethink notion that casual employment is a bad moon on
Some of this is guesswork, and the extent of what’s coming is uncertain, but:
Already stretched HR, ER, WHS and Legal teams are about to confront a (seemingly) never-ending stream of law changes that will require cross-team collaboration to operationalise.
At a time when there are already broader economic and market challenges for businesses, leading employers will need to have sufficient resourcing and planning to confront the