2491-2500 of 4082 results
Providing financial services 'fairly'
The recent Federal Court decision in ASIC v AGM Markets has provided some much needed clarification of what it means to provide financial services 'fairly' in the context of the 'efficiently, honestly and fairly' obligation. ...
Targeting net zero: climate change is putting governance to the test
It is a financial imperative to actively navigate the risks and opportunities that the carbon transition presents. It follows, therefore, that corporate strategy in relation to climate risks and opportunities is no longer appropriately housed solely in Environmental, Social and Governance (ESG) or s ...
Greater than the sum of its parts – an excerpt on exceptional circumstances
The Fair Work Commission (FWC) has confirmed that the convergence of a series of ordinary events can give rise to 'exceptional circumstances' within the meaning of section 366 of the Fair Work Act 2009 (Cth) (Act). ...
Officers of a parent company may be found officers despite not having an official position or title in the subsidiary
On 11 March 2020, the High Court of Australia (HCA) handed-down its decision in ASIC v King [2020] HCA 4 (ASIC v King), which considered the extended meaning of 'officer' under the Corporations Act 2001 (Cth) (Corporations Act). ...
Permanent casual – like smart casual, a very ambiguous category indeed
In its widely anticipated decision, the Full Federal Court (Full Court) has decided that a labour hire employee was a permanent employee, despite being engaged as a 'casual' by a labour hire firm, WorkPac, for almost four years. ...
Should access to personal leave be permitted during stand downs?
On 18 May 2020, the Federal Court found that Qantas is not required to pay personal/carer's leave to employees stood down without pay during the COVID-19 pandemic. ...
COVID-19: a work health and safety perspective
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
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
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
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). ...