The New South Wales Supreme Court considered the enforceability of a restraint of trade clause that prevented employers from poaching each other’s employees.
Quantum v Schenker: Can Anti-Poaching clauses be upheld?
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Amendments to the Fair Work Act – Enterprise Agreements and 4 Yearly Reviews
The Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Act 2018 passed through Parliament addressing some of the problems that have been occurring regarding the FWC’s enterprise agreement approval process.
Right To Request Casual Conversion Bill
The Fair Work Amendment (Right to Request Casual Conversion) Bill 2019 may ensure that casual employees with 12 months of regular service have the right to request conversion to full-time or part-time employment.
Council CEO Dismissed After Failed Injunction Application
On 18 February 2019, the New South Wales Supreme Court dismissed an application for an injunction which sought to prevent Parramatta City Council (Council) from terminating the employment of their CEO.
Australian Capital Territory – Secure Local Jobs Code
The Government Procurement (Secure Local Jobs) Amendment Act 2018 has been passed in the ACT Legislative Assembly. The Act underpins the introduction of the Secure Local Jobs Code and will apply to businesses tendering for ACT Government construction, cleaning, security and traffic management work from 15 January 2019.
Victorian Long Service Benefits Portability Act
The Long Service Benefits Portability Act 2018 has been passed by the Victorian Parliament. The Act will establish portable long service leave schemes in the community services, contract cleaning and security industries, funded by an employer levy of up to 3% of ordinary pay.
New Victorian Long Service Leave Laws
The Long Service Leave Act 2018 (Vic) has been proclaimed to commence on
1 November 2018.
Fair Work Commission Annual Report
The Fair Work Commission has released its annual report for the 2017/18 financial year. The report contains some interesting statistics about enterprise agreement approvals, general protections applications and unfair dismissal applications.
Graphic Arts Award – Competency Standards Case
On 31 October 2018, a Full Bench of the Fair Work Commission heard submissions and evidence from The Australian Industry Group and the Australian Manufacturing Workers Union (AMWU) regarding the link between the classification structure and wage rates in the Graphic Arts, Printing and Publishing Award 2010 and the competency standards in the Printing and Graphic Arts Industry Training Package.
Fair Work Commission 4 Yearly Review of Awards – Payment of Wages on Termination
The Fair Work Commission has issued determinations varying 89 modern awards to incorporate a model term dealing with payment of wages on termination of employment.