In brief 3 min read The High Court has refused to allow an appeal against a Full Federal Court decision that union officials must hold a valid federal right of entry permit when entering sites under state work health and safety (WHS) laws.1 Key takeaway Union officials must have valid federal right of entry permits, and be willing to present them upon request, when entering worksites for the purposes of resolving safety issues under…

In brief 3 min read The Full Court of the Federal Court has confirmed that to determine whether an employee’s injury arose out of or in the course of their employment, the full circumstances of the injury must be taken into account, including the ‘place’ at which the injury occurred and the ‘activity’ undertaken at the time.1 In this case, despite the employee being in a place at the request of her employer, by…

In brief 3 min read The Fair Work Commission (FWC) has upheld the dismissal of an employee who refused to comply with a mandatory influenza vaccine policy. However, the FWC made the observation that this decision turned on the facts of this particular case and the industry in which the employee worked.1 Key takeaways Vaccination policies should be adapted to each specific workplace. There is likely more scope to implement a mandatory vaccination policy…

Latest developments 3 min read Twinza suspends Pasca A offshore operations; public consultation on Digital Transformation Bill commences; ICCC reviewing Kina’s proposed acquisition of Westpac PNG; National Energy Authority and Electricity Industry Act Amendment Bills passed; Parliament adjourned to August 2021; PNG Business Council concerned about Government’s economic recovery package; and commencement of inquiry into amending Constitution to declare PNG a Christian country. Extractive industries Twinza stands down Pasca A offshore operations in PNG Twinza…

The global perspective Online platforms are under scrutiny like never before, with a wave of regulation sweeping the digital economy and ever more regulators seeking to intervene. A consensus has emerged between governments, societies and many of the major platforms that more needs to be done to combat online harms. Many governments across the globe are looking to replace the current patchwork of discrete laws and voluntary initiatives with more holistic regulation. The challenge for…

Latest developments 6 min read The Federal Court has found that Google engaged in misleading conduct and made false or misleading representations to consumers about how and when it collects, keeps and uses their location-related personal information. The ACCC has expressed ‘significant issues’ with the operation of the Apple App Store and the Google Play Store in Australia, according to the ACCC’s second Digital Platform Services Inquiry interim report. The Federal Court has ordered Smart…

Know the scope of your IP rights 5 min read State Street Global Advisors Trust Company (State Street), the US-based investment management company that originally commissioned the bronze statue known as ‘Fearless Girl’, has lost its case concerning a replica of the statue unveiled at Melbourne’s Federation Square in 2019. The case highlights the importance of businesses properly understanding the scope of their IP rights when contracting with third parties. Key takeaways Buyer beware – when…