Workplace Law & Strategy

Insights. Advice. New Thinking.

February 12, 2020

Almost daily, we read about employer failure to comply with award or enterprise agreement obligations. Opportunistically and in keeping with the sport of “business bashing”, the failure is termed “wage-theft”, as if to brand every failure deliberate and deserving of criminal sanction and as if to assume that compliance is easy. I’m not here to condone such failures. The law is the law and it should be observed. And it’s quite possible that in many…

Workplace Law & Strategy

The six investment principles to apply to win in litigation

By Michael Tamvakologos

February 4, 2020

At first blush, time-honoured investment principles and the principles to be applied in getting good legal outcomes seem worlds apart. But after practicing law for eighteen years, and observing the financial markets, I have seen many parallels that run between the two. The principles I touch on have been established by the greats, such as Warren Buffett (Berkshire Hathaway), Barbara Corcoran (real estate, and Shark Tank fame), Ray Dalio (Bridgewater Associates), George Soros (Soros Fund…

Workplace Law & Strategy

Unpaid work – Beware the offer of a ‘free lunch’

By Erin Hawthorne & Amanda Cavanough

January 30, 2020

The line between lawful and unlawful unpaid work is not always clear. Many companies are contacted by people offering to work on a voluntary basis. It is often pitched as a “win-win” because the person is willing to work for free in exchange for experience and contacts, particularly in high demand industries such as sports, entertainment, media or fashion. Unpaid work remains lawful provided the person is a genuine volunteer and not an employee. However,…

Workplace Law & Strategy

Seyfarth promotes Sarah Goodhew to partner

By Tim Griffin

January 28, 2020

Seyfarth is proud to announce the promotion of Sarah Goodhew to partner in its Sydney office. Sarah joined Seyfarth in 2015 when it established its Workplace Health and Safety practice. Australia Managing Partner, Darren Perry, said “We are excited to have Sarah become the second lawyer to be promoted to partner since we opened our Australian practice. Having worked in workplace health and safety law for nearly 15 years, she has developed extensive knowledge in…

Workplace Law & Strategy

Caring for working carers

By Rachel Bernasconi & Lauren Crossman

October 18, 2019

Care or career – it doesn’t have to be a choice Do you know which one of your nearest eight colleagues provides unpaid care for a loved one? The number of working adults who juggle unpaid carer’s responsibilities is high, hidden, and growing. Most working Aussies will have unpaid care responsibilities intrude regularly throughout their careers. Many won’t feel comfortable exercising their right to request flexible working arrangements for fear of ‘flexism’. But without appropriate…

Workplace Law & Strategy

Will we win? The odds of success in restraint of trade cases

By Michael Tamvakologos

October 16, 2019

When an ex-employee goes to a competitor or starts poaching clients or staff, employers often look to a restraint of trade clause to protect key business assets such as client relationships or company confidential information. Often a quick decision needs to be made: apply to the Court to stop the ex-employee, or wait and sue for breach of contract damages at some later time. Wrapped up in this decision is the important issue of prospects…

Workplace Law & Strategy

Finger pointing on agreement approvals but…

By Chris Gardner & Rich Williamson

August 22, 2019

Lots has been said recently in the press about enterprise agreement making and the approval process by the Fair Work Commission (FWC). In short, the numbers of agreements being made is down and approval times are “long”. The graph below, recently cited in an AFR article, demonstrates a possible link between approval times slowing and a Full Bench decision involving Coles. But the numbers are turning. It’s not the only decision at play and it’s…

Workplace Law & Strategy

Cyber restraints of trade in the new era of digital markets

By Michael Tamvakologos & Elizabeth Tan

August 13, 2019

Restraints — Signing restraints of trade

An enforceable restraint of trade can be a key business asset, giving an employer time to recover when a senior employee has left the business for a competitor. Like a good insurance policy, it’s a big relief to have it when you need it. Australian law regarding restraints of trade has its history in 19th Century England and the prevailing concerns of that time. Of course the law has developed incrementally since then. However,…

Workplace Law & Strategy

The data that demonstrates the state of play of enterprise bargaining

By Chris Gardner

June 18, 2019

In a previous blog, we’ve mentioned the decline of enterprise bargaining in Australia. Some data to support this follows in this blog. Both agreement numbers and employees covered by in-term agreements are in decline. Point 7 and 8 highlight the challenges faced by parties making agreements and the Fair Work Commission in processing agreement approvals. A printable PDF version of the data is available here. Subscribe to receive the next Workplace Law & Strategy…

Workplace Law & Strategy

Collective bargaining: the outlook

By Chris Gardner

May 30, 2019

In yesterday’s blog, we commented on the state of play in enterprise bargaining in Australia. So what’s the outlook for enterprise bargaining in Australia? Here’s the top 7: Collective bargaining remains unlikely to be the answer for productivity gains – as has been the case for some time. Nor will it deliver the across-the-board wages growth sought. Of course, there will be exceptions to the rule. But my observation here is one generally about the…

Workplace Law & Strategy

Insights. Advice. New Thinking.

Blog Authors

The challenge of compliance

The six investment principles to apply to win in litigation

Unpaid work – Beware the offer of a ‘free lunch’

Seyfarth promotes Sarah Goodhew to partner

Caring for working carers

Will we win? The odds of success in restraint of trade cases

Finger pointing on agreement approvals but…

Cyber restraints of trade in the new era of digital markets

The data that demonstrates the state of play of enterprise bargaining

Collective bargaining: the outlook

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