Navigating the new casual conversion process: Key changes ahead
The Closing Loopholes No. 2 legislation will change the statutory process by which casual employees can be converted to full-time or part-time employment. Currently, after a casual employee has been employed for 12 months, employers are required to assess whether the employee should be converted to full-time or part-time employment. They must either make an […]
Understanding trade mark ownership in Australia: Do it once and do it right
Why does it matter who applies for registration of a trade mark in Australia? Ensuring that the right entity or individual (owner) applies for and holds a trade mark is crucial for maintaining enforceable and valid trade mark rights. Here’s why: Ownership challenges: Third parties can challenge ownership of a trade mark through opposition proceedings, […]
Understanding the Hawking Prohibition in Financial Services
Do you remember when you used to go into a bank requesting a bank cheque to buy a car, and next thing you know the teller is trying to sell you car insurance? Since October 2021, this kind of unsolicited selling is largely prohibited under the hawking prohibition, unless an exemption applies. So, what is […]
What the new rules for casual employees mean for employers: 3 changes to be aware of
The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 introduced new laws on the engagement of casual employees. Effective from 26 August 2024, these amendments include a revised definition of ‘casual employee’ which will make it harder for employers to know whether their casual employees are properly engaged as casual. In this article […]
Beyond the office: Our guide to remote working
At Source, we embrace the flexibility of remote work, allowing our team to operate 100% remotely if they choose. This is embedded in our core values, enabling our lawyers to work flexibly, remotely, and within their preferred hours. Remote working, like any work setup, comes with its own set of advantages and challenges. While we […]
A new Consumer Data Right in New Zealand
In a significant update in data privacy and usage regulations in New Zealand, there have been recent developments to the New Zealand Draft Customer and Product Data Bill (the “Bill“), which aims to establish a Consumer Data Right (CDR) in New Zealand. Current Status and Scope Currently before Parliament, the Bill has not yet been […]
Unraveling the unknown of wage underpayments
How do wage underpayments actually occur? They’re rarely deliberate. Usually, they start with a small error that snowballs into thousands or millions of dollars. Often this is because the employer has no system in place to make sure they are paying people correctly. Let’s take an aspect of the Commonwealth Bank Group’s recent underpayment case […]
Managing Multiple Roles in Employment
A question we get asked often is can we have the same person work in two different roles? The short answer is yes. However, you need to ensure the roles are separate and distinct from each other. Separation and distinction This involves doing things like: Separate employment agreements: Each role should have its own […]
Navigating Redundancy and Outsourcing: What Employers Can Learn from the Helensburgh Coal Case
When making an employee redundant, do you have to consider whether the employee could be redeployed to a position that’s currently outsourced to a contractor? The Full Federal Court case of Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45, suggests you do. Let’s explore. What happened in the Helensburgh Coal Case? In the […]
Navigating Workplace Gender Equality and WGEA reporting
It has been more than ten years since the enactment of the Workplace Gender Equality Act 2012, establishing the Workplace Gender Equality Agency (WGEA), and Australian Government statutory agency. The WGEA was created as a vital entity in fostering and promoting gender equality within Australian workplaces. Overall, Australian employers have made progress, but there […]
