The Aurizon decision handed down on 22 April 2015 and endorsed by a Full Federal Court on 3 September 2015 has created a viable option for employers needing to move away from legacy industrial arrangements that are bad for...more
Working with many of Australia’s leading employers has given us strong insights into the planning and habits of the leaders of high performing organisations.
It is virtually an absolute that these organisations have a...more
Drafting and enforcing post-employment restraints has a lot in common with good medicine.
It is necessary to prescribe only the “minimum effective dose” – the amount necessary to produce the desired outcome with minimum...more
Effective restraints of trade protect businesses which rely heavily on human capital from damage that sometimes can’t be undone. These restraints – usually sitting in an employment contract – can be a key business asset....more
Video killed the radio star…or did it?
In its most recent research paper analysing the effects and possible responses to digital disruption, the Productivity Commission observes that with each wave of change “speculation...more
In 1993, the Keating government passed laws to move Australia towards a “system based primarily on bargaining at the workplace, with much less reliance on arbitration at the apex” (Laurie Brereton MP, Minister for Industrial...more
Often enterprise bargaining ends with a deal brokered in circumstances of crisis. Perhaps industrial action and a union media campaign are now viewed as too distracting or expensive. Perhaps management discontent with long...more
In the latest of our series of post-employment protection blog posts, we consider the compliance and regulatory issues that need to be thought through when drafting an effective post-employment restraint in Australia....more
We will now look at the different types of post-employment restrictive covenants, and work through a checklist of questions employers should ask themselves when drafting a restraint to make sure it’s the right fit....more
An enforceable restraint of trade can be a key business asset. Or some might think about it as an insurance policy. The capacity to preserve customer connections, protect confidential information and discourage key executives...more
As the Australian Football League 2016 pre-season approaches, there is a lot of talk in the media about “list management” by clubs. This generally involves retiring or trading “older” players – usually over the age of 28....more
In September 2015, the Building Code 2013 was amended to incorporate mandatory drug and alcohol testing for Commonwealth funded construction projects. From 16 October 2015, head contractors must have a comprehensive fitness...more
When a key employee subject to an employment restraint leaves a business to join a competitor, fast decisions need to be made to protect client goodwill or guard against misuse of confidential information....more
Employers who lose contracts to a competitor or outsource work can lessen the impact of redundancies if they plan ahead and engage with incoming contractors....more