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Recent Amendments to Australia's Fair Work Act Impact Whether Independent Contractors Are Deemed "Employees"

Recent amendments to the Fair Work Act 2009 (Cth) establishing a new "whole-of-relationship test" increase the likelihood that Australian businesses will face claims of "sham contracting" by misclassifying employees as...more

Australian Legislation Limiting Payment of Costs by Unsuccessful Applicants Incentivises Discrimination Litigation

The Australian Human Rights Commission Amendment (Costs Protection) Bill 2023 (Cth), which was enacted to address perceived disincentives to pursuing claims for discrimination, took effect on 2 October 2024....more

Australian Reforms Tackle Psychosocial Hazards, Including Sexual Harassment, in the Workplace

In the wake of recent government inquiries into alleged bullying and harassment, including sexual harassment, in Australian workplaces, Australian legislatures and work health and safety regulators have become increasingly...more

Contract Is King: High Court of Australia Provides Clarity on 'Employee vs Contractor' Test

On 9 February 2022, the Australian High Court heard two appeals together—Construction, Forestry, Maritime, Mining and Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 ("Personnel") and ZG Operations Australia...more

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