Employment Law

Workplace Surveillance

The modern employment relationship is one which readily sees employers monitoring the output of employees. There are privacy considerations which also come into play when determining what an employer can monitor, with employers required to carefully consider the surveillance methods adopted. There is a balance to be struck between monitoring in an ethical manner, along […]
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Positive Obligations in the Workplace

Workplaces across Australia have been tasked with ensuring that their policies, procedures and practices reflect best practice and that individuals come forward when witnessing inappropriate behaviours that should not occur in any workplace. It is vital that both employers and employees use their best endeavours to create a positive culture in the workplace to ensure […]
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Employment Agreement

Public Holiday Rosters

A recent Federal Court decision on 28 March 2023 has altered the traditional approach to employees being rostered to work public holidays. It has been common practice in many industries, particularly in retail, manufacturing and coal services, for employees to work public holidays. However, the decision of CFMMEU v OS MCAP Pty Ltd [2023] FCAFC […]
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Employment Agreement

Fair Work Changes – Pay Secrecy Clauses

There have been a number of recent changes to the Fair Work Act 2009 (Cth) (the Act) which occurred during late 2022 and will gradually come into effect throughout 2023. One of the primary amendments to the Act which occurred as of 7 December 2022 relates to the prohibition on pay secrecy clauses in employment […]
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Surveillance of Employees in the Workplace

As employees return to the workplace following the Covid-19 pandemic, it is timely to consider how the increased employee monitoring and surveillance often put in place for remote working environments now impacts monitoring employee’s conduct in the workplace. How much surveillance is too much? Are you getting the balance right? Installing cameras and other surveillance […]
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Employment Agreement

Employment Relationship Extending to the Road

A recent New South Wales Supreme Court (NSWSC) case has illustrated the importance of employer and employee working relationships and the extent of the employer’s duty of care for events outside of work hours. Troy Matinca (Employee) was employed as a coal miner by Coalroc (Employer) and as part of his employment duties worked extensive […]
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