Ashurst Legal Outlook Podcast

In the seventh and final episode for 2024 of our Industrious Conversations series, Ashurst’s Ian Humphreys and Peter McNulty explain how Closing the Loopholes changes are shifting the enterprise bargaining landscape under the Fair Work Act.

Drawing on insights from Ashurst's soon to be released 2024 Bargaining Trends Survey, Ian and Peter cover key reforms to the bargaining process, including the increased power of unions to initiate bargaining, changes to the Better Off Overall Test (BOOT) and its impact on agreement approvals, and the introduction of the intractable bargaining regime, which allows the Fair Work Commission to intervene in deadlocked negotiations.

This episode also provides strategies for employers to adapt to this complex environment, emphasising the importance of thorough preparation and skilled negotiation.

To hear all episodes in the Industrious Conversations series on Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

In this episode, we hear from employment lawyers in Australia, Singapore, Indonesia and the UK. Together they describe and compare the industrial relations landscapes in their respective countries – and reflect on what UK employers can learn from these.

Host Crowley Woodford reflects on the potential impacts of the UK’s long-awaited Employment Rights Bill, which is shaping up to be one of the most ambitious reforms to trade union rights since the 1980s. Crowley breaks down some of the main changes which pave the way for greater union involvement, and he pinpoints issues that UK employers should watch out for.

Peter McNulty offers his take on how Australian employers have responded to recent changes to the Fair Work Act, including the process and dynamics of bargaining for agreements. Karen Mitra describes Singapore’s uniquely non-adversial approach to union/employer relationships where strike action is rare, and explains new rights to union representation for gig workers. And Norman Ibnuaji shares  perspectives from Indonesia, where unionisation is relatively high among workers and industrial action is more common.

To listen to this and previous epsiodes in our biannual World@Work series, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

Ashurst Employment partners  Stephen Woodbury and Tamara Lutvey discuss the expanded single-interest employer authorisation bargaining stream, also known as multi-employer bargaining.

Together, they explain how Fair Work Act amendments have broadened the criteria for multi-employer enterprise agreements, and they explain why uptake by unions has so far been low. The conversation delves into the Fair Work Commission's (FWC) criteria, such as ensuring a common interest among employers and the prohibition of coerced agreements, pointing to a recent case in the coal industry to illustrate how the FWC assesses these factors.

They also discuss the "rebuttable presumption" for larger employers, where the FWC assumes common interest unless proven otherwise. Lastly, they pinpoint challenges and defensive strategies employers can use to avoid involuntary inclusion in multi-employer authorisations (known as "roping in"), which could force employers into agreements without direct negotiation input.

To hear further episodes in our Industrious Conversations series on Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

In the fifth episode of our Industrious Conversations series, Ashurst’s Jane Harvey and Elissa Speight explain how Closing The Loophole changes are strengthening protections for workers who are not employees, and extending the scope of the Fair Work Commission to intervene in workforce matters.

As Jane and Elissa point out, the reforms impact independent contractor arrangements in several ways. Their conversation highlights changes relating to the classification of a worker as an employee or contractor, the introduction of a new unfair contract terms jurisdiction, and changes to the defences available where a sham contracting claim is made.

Jane and Elissa also outline how the changes may impact employers and suggest several practical ways employers can respond to these changes. This includes thoroughly reviewing contractor engagements, updating contract templates, training managers to mitigate the risk of misclassification under the new framework, and more.

To hear further episodes in Industrious Conversations, our series on Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

Following Ashurst’s recent conference, three experts regroup to pick out the most pressing trends and risks stemming from class actions in the UK.

Jon Gale, partner at Ashurst’s Dispute Resolution practice in London, is joined by colleagues Tim West and Sarah-Jane Dobson to reflect on the highlights from the firm's recent class actions conference. Together, they discuss the evolving landscape of class actions including litigation funding, competition claims, and more.

The conference showcased an array of experts including clients, claimant law firms, barristers, and funders. One highlight was the keynote speech from Mr Justice Robin Knowles CBE, who stressed the essential role of class actions in the legal system and the permanence of commercial funding in such claims.

In the podcast, Tim stresses the importance of understanding class actions from a client’s perspective, emphasising that these cases (and the associated risks) often attract C-suite attention. He also discusses the rising prevalance of environmental, social, and governance (ESG) concerns, with potential class actions arising from the gaps between corporate promises and practices.

Sarah-Jane discusses the varied treatment of class actions across sectors, particularly in competition and product liability cases. She anticipates a further rise in class actions, especially in sectors like life sciences and consumer protection.

The trio also explore litigation funding, discussing the significance of external financial backing for large class actions and the impact of the Supreme Court’s recent PACCAR ruling on funding structures.

To hear more episodes on class actions and a range of other subjects, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

In this, the fourth instalment of Industrious Conversations, Ashurst’s Jennie Mansfield and Jon Lovell detail the impact of Australia’s "Closing the Loophole" industrial relations changes on corporate transactions, offering critical insights into the practical impact of these developments.

The discussion centres on the commercial challenges introduced by these changes, particularly in relation to due diligence processes, labour hire, casual employment, and independent contractor arrangements. Jennie and Jon explain how these reforms affect deal-making and due diligence, where uncertainty around labour costs and employment models can complicate transactions. They also stress the importance of assessing a company's governance and systems for managing compliance, highlighting the risks of non-compliance and the significant penalties that may arise. Jon notes, "If compliance issues are identified, it's essential to have a clear program and strategy in place for remedying the non-compliance within a reasonable period following completion."

To hear more episodes in Industrious Conversations, our series on Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

In the third episode of Industrious Conversations, Ashurst's Talia Firth and Scarlet Reid explain some notable changes to casual employment that stem from recent amendments to the Fair Work Act. These changes include the new definition of a "casual employee" under Section 15A of the Act, new requirements to issue a Casual Employment Information Statement (CEIS) during an employee's employment, and the new casual conversion provisions under the National Employment Standards.

Together, Talia and Scarlet explain how and why these changes came into being, and they discuss some of the subtleties that employers need to be aware of, including some upcoming milestones and deadlines. In conclusion, Scarlet emphasises: "Employers should make sure they understand the new definition of 'casual employee' and should carefully consider whether their casual arrangements meet this definition. Employers should also make sure that they have processes in place to make sure that casual employees receive the CEIS at the right times. And finally, employers need to be prepared to respond to notifications from casuals to change to permanent employment once the new employee choice pathway comes into play from 26 February 2025."

To hear more episodes in our Industrious Conversations series on Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

Ashurst’s Yann Alix is joined by Moroccan lawyer Gahlia Mokhtari and Brazilian lawyer Ana Carolina Calil to discuss the evolving hydrogen strategies, regulations, incentives, and major projects taking place in their respective countries.

With Brazil’s government getting behind hydrogen, Ana explains new legislation regulating the main guidelines on low carbon and green hydrogen public policy. She highlights opportunities for foreign investors including tax incentives, R&D activity and a solid legal framework – not to mention a sophisticated and attractive energy transmission market. She also flags some challenges to watch out for, including capex, technology and litigation risks.

Meanwhile, Ghalia zooms in on Morocco, which is seeking to become a regional hub for green hydrogen through substantial investments in renewable energy sources, notably solar and wind, to achieve energy independence. Ghalia describes Morocco’s evolving regulatory landscape and foreign investment incentives, as well as potential barriers and challenges.

To view Ashurst’s interactive global guide to investing in hydrogen, follow this link. You can subscribe and listen to more episodes of Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

In the second episode of Industrious Conversations, Employment Partners Julia Sutherland and James Hall discuss strategies for managing protected action ballot orders (PABOs) and protected industrial action (PIA) arising from recent amendments under the Secure Jobs, Better Pay Act.

"We're seeing that even though the legal changes are relatively minor, the practical implications for employers navigating industrial action are significant," notes James Hall during the episode.

• Key discussion points include:
• The introduction of section 448A conferences, where bargaining representatives must attend a Fair Work Commission meeting before voting on PABOs.
• Insights into early cases involving multi-employer agreements and PABOs.
• How employers can navigate the PABO process strategically and the importance of preparation.

For more insights into key developments in Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.

The information provided is not intended to be a comprehensive review of all developments in the law and practice or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

Imagine living in a country that offers you stunning landscapes, rich culture, delicious cuisine, and a generous tax regime. Sounds too good to be true, doesn't it? Well, not if you choose Italy as your destination.

Should a high-net-worth individual consider moving to Italy for tax reasons? How do the nation’s Flat Tax regime and Impatriate regime work? And why might company taxpayers also consider Italy? All these questions, and more, are answered in this episode of the Tax Lyrical podcast mini-series.

To evaluate the Italian tax regime, Ashurst’s Sophie Lloyd is joined by colleagues Michele Milanese and Federico Nobili. Together the three of them discuss the benefits, incentives and complications of investing in Italy, as well as the steps required to make your finances flourish. “Our advice is to have a clear understanding of the Italian tax law and the legal tools available to taxpayers,” emphasises Michele.

This is the latest episode in our mini-series of episodes tackling tax issues and investment funds. To listen to this episode and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or wherever you get your podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.