Latest publications
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…
New Employment Zones to commence April 2023 | Planning & Environment
The New South Wales Government has amended Local Environmental Plans to replace Business and Industrial Zones with new ‘Employment Zones’. The changes have been a long time in the making. Originally developed under the former Minister for Planning back in May of 2021, the reforms follow the Productivity Commission’s 2021 White Paper…
Are Prenups the height of romance? Rethinking Binding Financial Agreements
When people think about ‘romance’, they tend to imagine things like candlelight, flowers, oysters, champagne. Well, contrary to popular belief, I believe that Binding Financial Agreements should be bumped up the list. Whilst the ‘branding’ of BFA’s may need a little marketing rework, they are, at their core, a deeply loving and romantic document…
‘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…
Paid Family and Domestic Violence Leave – Amendments to the NES under the Fair Work Act
The Albanese Labor Government has fulfilled a promise made prior to the election to implement a change to employment laws which will assist victims of family and domestic violence. As a result of this change, which was passed by Federal Parliament on 27 October 2022, employees will now, under the National Employment Standards, be…
Are We; Aren’t We? Determining whether a De Facto relationship exists
As society and our views about modern relationships change, we have seen fewer people rushing to the alter, with many happy to tackle life side by side as De Facto partners. Whilst for married couples there is little difficulty proving the existence of a marriage (with the help of a Marriage Certificate)…
Employees ‘Soldiering On’ With COVID-19: What Can Employers Do?
The Change in Rules At a recent national cabinet meeting, the leaders of the states and territories agreed that from October 14 people infected with COVID-19 no longer need to isolate. The period of mandatory isolation after testing positive was recently reduced from 7 to 5 days. It will now be removed altogether. Those who…
ABRS’ Looming Director ID Deadline – Apply before 30 November 2022
The 30 November deadline for existing directors to apply for a director identification number (Director ID) is creeping closer – don’t get caught by ASIC penalties and make sure you apply in time. In June 2020, the Australian Government introduced changes to the Corporations Act 2001 (Cth) requiring all existing and new…
Graduate Interview Series | Olivia Hobill Cole
Why did you choose Swaab? I chose Swaab because it offered the unique opportunity of working at a mid-tier firm, that was also a full service firm, that also had national and international connections. The fact that Swaab branched across so many of these aspects was very intriguing to me. Because Swaab is not…