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Jones Day Sydney, New South Wales, Australia Document Search Results (18)

 

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HTMLAustralia: Australian Fair Work Commission Signals New Willingness to Terminate Restrictive Enterprise Agreements that have Passed Their Nominal Expiry Dates
Stephanie Crosbie, Adam Salter; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on Spring 2015
A Full Bench of the Fair Work Commission (the "FWC") in Aurizon Operations Limited: Aurizon Network Pty Ltd [2015] FWCFB 540 has ordered the termination of 12 enterprise agreements that had passed their nominal expiry dates.

 

HTMLAustralia: Uncovering the Exploitation of Temporary Labor within Australia's Agricultural and Food Processing Sector
Adam Salter, Michael Whitbread; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on Spring 2015
On May 4, 2015, Four Corners, an Australian investigative journalism program, broadcasted a report titled "Slaving Away," uncovering the exploitation of temporary labor within Australia's agricultural and food processing sector (the "Report"). The Report examined the conduct of...

 

HTMLFair Work Commission Rules that Compulsory Health Assessments are Unreasonable
Adam Salter; Jones Day;
Legal Alert/Article
May 15, 2015, previously published on May 2015
In Transport Workers' Union v Cement Australia Pty Ltd [2015] FWC 158, the Fair Work Commission ("FWC") ruled that it was unreasonable for Cement Australia Pty Ltd ("Cement Australia") to introduce a compulsory Physical Risk Review Program (the "Program")....

 

HTMLNo Implied Term of Mutual Trust and Confidence in Probationary Contracts
Adam Salter; Jones Day;
Legal Alert/Article
May 15, 2015, previously published on May 2015
In State of New South Wales v Shaw [2015] NSWCA 97, the Court of Appeal overturned a decision of the District Court of New South Wales in which it implied a term of mutual trust and confidence in the probationary contracts of two Aboriginal teachers.

 

HTMLUnreasonable to Require Consideration of Redeployment to "Associated Entities" Lacking Common Managerial Control
Adam Salter; Jones Day;
Legal Alert/Article
May 15, 2015, previously published on May 2015
In recent FWC decisions, the unfair dismissal claims of four mineworkers employed by a Rio Tinto subsidiary have been dismissed by the Commission, confirming that workers who seek redeployment in an associated entity must establish evidence of overall managerial control and integration between the...

 

HTMLAustralia: The Extraterritorial Application of Australian Employment Law
Clare Langford, Adam Salter, Michael Whitbread; Jones Day;
Legal Alert/Article
March 26, 2015, previously published on Winter 2015
Australia's national industrial relations statute, the Fair Work Act 2009 (Cth) (the "Act"), imposes numerous duties on Australian employers and grants Australian employees numerous rights and entitlements. However, in certain situations, the Act has an extended application, which foreign...

 

HTMLAustralian Antitrust Enforcement Focuses on Healthcare & Life Sciences
Jason A. Beer, Stella Lee, Bevin M.B. Newman, Nick Taylor; Jones Day;
Legal Alert/Article
February 25, 2015, previously published on December 2014
The Australian Competition and Consumer Commission (ACCC) has continued its focus on the healthcare and life sciences sectors this year, most recently commencing litigation against Little Company of Mary Health Care, operator of Calvary Health (Calvary), a major Australian healthcare provider.

 

HTMLChina-Australia Free Trade Agreement: Form of Investor-State Dispute Regime Remains Unclear
Steven W. Fleming; Jones Day;
Legal Alert/Article
December 22, 2014, previously published on November 2014
On November 17, 2014, China and Australia announced they had reached a Free Trade Agreement ("ChAFTA", the "Agreement"). The ChAFTA text has not been finalized, but that is expected in the coming months. At this stage, the public can only glean insights from the recently...

 

HTMLFederal Circuit Court Acknowledges Breadth of Workplace Rights in Adverse Action Claims
Adam Salter; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
In Evans v Trilab Pty Ltd [2014] FCCA 2464, Judge Lucev held that an adverse action claim can be based on the exercise of rights that do not arise from statutory, regulatory or contractual provisions and are only indirectly connected to employment.

 

HTMLIndustrial Disputes More Likely as Prime Minister Increases Pressure on Corrupt Trade Unions
Adam Salter; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
The tradition of new Australian federal governments making widespread legislative changes to labour law upon winning power seemed to have been broken in 2013: the newly elected Prime Minister Tony Abbott had already declared that the labour policies of the previous Liberal government were...

 


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