The case of Dabboussy v Australian Federation of Islamic Councils (link below) is summarised in this Alert and is a significant indicator of the Court’s preparedness to preserve the exercise of prospective rights by employees.  In this case, the right concerned the imminent ability to claim

The Fair Work Commission (FWC) is currently undertaking a Review of modern awards containing a rate of pay at the ‘C14’ level (currently $891.50 per week or $23.46 per hour) or below the ‘C13’ level (currently $915.90 per week or $24.10 per hour) which applies other

The Fair Work Commission (Commission) is receiving submissions in the context of commencing a new matter on its ‘own initiative’ to develop a working from home (WFH) term in the Clerks Private Sector Award 2020 (Clerks Award).  There is every indication that once such a term

We have previously summarised the recent changes to the Fair Work Act 2009 (Cth) (FW Act) in respect of casual employment and the right to disconnect via our Legal Alerts on 9 February 2024 and 9 April 2024. This Legal Alert is intended to remind employers

This legal alert reminds our valued clients of the significant changes to the Fair Work Act 2009 (Cth) (Act) taking effect from 26 August 2024 (or 26 August 2025 for small business employers for some changes). EMA Legal is available to assist with all employer enquiries.

This legal alert discusses the proposed reforms to the Privacy Act 1988 (Cth) (Privacy Act) concerning “doxxing” and a recent case of interest, where an employer was found to have breached the Privacy Act by providing an update to employees about the health of an employee

The Fair Work Commission (Commission) is required to include a “right to disconnect” term in all modern awards by 26 August 2024.[1] Following consultation with interested parties, the Commission has today released its draft model term and accompanying statement (using the Business Equipment Award 2020 to

The Work Health and Safety (Review Recommendations) Amendment Bill 2024 (the Bill) was first introduced in Parliament on 16 May 2024 and has now passed both Houses of the South Australian Parliament. The changes will take effect on a day to be fixed by proclamation and

The Federal Treasury is engaging in consultation as part of a review into worker non-compete clauses and other related restraints (the Competition Review). Concerns have been identified by stakeholders and through recent court decisions about the widespread use of restraints clauses including in contracts for low

Many employers continue to operate on the basis that, on termination of employment (for whatever reason) entitlements will be paid ‘in the next pay run’ or ‘in the next 7 days’, but this is not the correct legal approach. And the consequences of non-compliance can be