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COVID-19: a work health and safety perspective
Insight 01 Apr 2020

The progression of COVID-19 continues at pace and businesses are facing an array of challenges and difficult decisions. While there are a number of issues for businesses to work through at this time, this article touches on the key work health and safety (WHS) duties employers need to be aware of. ...

COVID-19: Fair Work Act changes and JobKeeper scheme
Insight 08 Apr 2020

Businesses that are eligible for the JobKeeper scheme will have more flexibility under the Fair Work Act to make changes to manage the workplace impacts of the COVID-19 pandemic, such as standing down employees or reducing their hours. ...

Fair Work Commission agrees to vary the Clerks Award in light of COVID-19
Insight 01 Apr 2020

On Saturday 28 March 2020, the Fair Work Commission introduced temporary changes to the Clerks – Private Sector Award in response to the impacts of COVID-19 on clerical and administrative employees. An employer can now agree (in writing, including by email) with an individual employee to reduce the employee's hours (including by more than 25%) or to move the employee temporarily from full-time to part-time hours of work, and reduce their pay proportionately. ...

OAIC releases new privacy guidelines for employers in response to spread of COVID-19
Insight 01 Apr 2020

Employers should collect, use and disclose as little information as is reasonably necessary to prevent and manage the spread of COVID-19 in the workplace. This includes taking the temperature of employees and visitors entering the workplace for the limited purpose of preventing or managing COVID-19 risks in the workplace (provided that as little information as is reasonably necessary should be collected for that purpose). ...

Do employers need to start telling their employees to limber up before heading home?
Insight 17 Feb 2020

The Administrative Appeals Tribunal has decided that a knee injury sustained by an employee when he was 'lightly jogging' to the staff bus after his shift had arisen out of his employment. ...

Employee reinstated despite breaching 'zero tolerance' drug policy
Insight 16 Feb 2020

The Fair Work Commission has ordered the reinstatement of an employee following inconsistencies in an employer's 'zero-tolerance' policy regarding drug and alcohol use. ...

ASIC's New Document Production Guidelines
Insight 11 Mar 2020

ASIC has released its new Document Production Guidelines, which govern how it expects electronic and hard copy records to be produced in response to compulsory notices. ...

Advanced National Services Pty Ltd v Daintree Contractors Pty Ltd [2019] NSWCA 270
Insight 26 Mar 2020

This case affirms the principle that the question of whether personal performance of a contract is required is one of construction of the contract, and that personal performance may be required even in circumstances where performance of the contract requires no specific personal skill. ...

Greencapital Aust Pty Ltd v Pasminco Cockle Creek Smelter Pty Ltd (Subject to Deed of Company Arrangement) [2019] NSWCA 53
Insight 26 Mar 2020

In this case, the New South Wales Court of Appeal considered the terms of a conditional contract for the sale of land, and whether the purchaser's 'step-in' right qualified the vendor's right to rescind ...

Searle v Commonwealth of Australia [2019] NSWCA 127
Insight 26 Mar 2020

In this case, the NSWCA considered the nature and extent of the doctrine that a government or public authority may not fetter the future exercise of discretionary powers reposed in the executive or a public authority. ...

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