All publications relating to ‘Michael Byrnes’
Non-Disparagement Clauses v Free Speech
The recent high-profile decision of the Supreme Court of NSW in Network Ten Pty Limited v van Onselen [2023] NSWSC 829 provides a rare insight into the scope and practical effect of non-disparagement clauses in deeds of release for employment matters. These clauses are almost always included in such deeds, usually in…
Important Workplace Relations Changes Effective 1 July 2023
Employers and employees alike need to be aware of important changes in the workplace relations space, effective 1 July 2023. From that date: the high income threshold for unfair dismissal cases will increase to $167,500 per annum (from the present $162,000 per annum) and the compensation limit will be $83,750 (equivalent to…
Employees & the Employer Position on the Voice in Parliament
Many significant organisations, including large employers, have adopted a corporate position on the Aboriginal and Torres Strait Islander Voice Referendum (Voice). It seems the vast majority of organisations that have declared a position are in favour of the Voice, most recently the Australian Olympic Committee (AOC) Executive and AOC Athletes’ Commission, and…
Closing The Gender Pay Gap
In 2021 the Workplace Gender Equality Agency (Agency) conducted a review (Review) of the Workplace Gender Equality Act 2012 (Act). The report resulting from the Review was released in March 2022 and contained several recommendations with the objective of reducing the gender pay gap. The data from 2021 and 2022 showed…
Changes To Shutdown Leave Rules For 78 Modern Awards
The Fair Work Commission (‘FWC’) is required to conduct a review of the modern award process every 4 years under section 156A of the Fair Work Act 2009 (Cth) (‘FWA’). This time around, it will be amending 78 different modern awards to include a new ‘model term’. This ‘model term’ is intended to…
Changes to the Fair Work Act: An Overview
On 6 December 2022 the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 passed into law (Amending Legislation). The Amending Legislation made significant changes to the Fair Work Act (Act) and related legislation. Some of these changes have already taken effect, while others will take effect throughout this year…
Valentine’s Day in the Workplace (2023 Edition)
Valentine’s Day, the celebration of romance and romantic love, takes place annually on February 14. While many assiduously avoid what they consider to be a crass commercialisation of intimate relationships, others embrace with relish the opportunities it presents to either affirm or pursue romance. A few years ago extensive media coverage (usually with accompanying…
Looks like an employee, works like an employee, behaves like an employee… but they could be a contractor
Since the Hollis v Vabu (‘Vabu’) decision in 2001, the courts and the Fair Work Commission (‘FWC’) have applied a holistic assessment in determining whether the relationship between a business and its worker is an employment relationship or a contractor engagement. However, in 2022, the High Court decisions of Personnel Contracting and Jamsek threw out…
Australia Day Substitution: The Legal Issues
It has been reported that some of the largest employers in Australia, including Woolworths, Telstra and Network 10, are now giving employees the option of working on Australia Day (January 26) and taking that public holiday at another time. This development has arisen from both a general trend towards flexibility in the…
‘Tis the Season to Avoid Folly: Workplace Christmas Parties (2022 Edition)
It’s that time of year. The ‘Silly Season’. For many organisations, the official employer Christmas party is imminent. The events for this year, 2022, will be the first for three years in which the COVID-19 pandemic won’t be a significant factor. The starting point for office Christmas parties is that they are…