Working Knowledge: the Employment Law Podcast

The team catch up again with Jacqueline Monk, to discuss surveillance, both inside and outside of the workplace setting, touching on the complex framework governing the many overlapping legal issue in this space.

They also do the Good, the Bad, and the Ugly, the recurring current-affairs segment of cases through the Fair Work Commission.

The team talk through this landmark Federal Court case, providing a very 'high level' laymans terms view of the case, and what it means for employers going forward.

They also go through our regular current affairs segment, the 'Good, the Bad and the Ugly' in employment law over the past week.

This week we are joined by special guest Jacqueline Monk, Special counsel from Walter Baden, who discusses the recent consultation process around the Modern Slavery reporting requirements. We discuss the efficacy of the provisions to date, as well as the way forward.

Brian is then joined by regular contributors Georgia and Brittany for the "Good, the Bad, and the Ugly".

In this week's episode the team continue on from where they left off last week on restraint of trade. This week, they look at proposed ALP legislative reforms, which prompts a discussion on some international comparators.

They also do the 'Good the Bad and the Ugly', the normal weekly reveiw of employment law cases before the courts and commission.

In this episode, the first of two parts, the team work through the principles of Restraint of Trade and how they relate to employment contracts, with a special emphasis on enforcability, and debunking some of the common myths around these clauses within the community. This is an introductory episode in preparation for next week, when the team will discuss the ALP's proposed changes in this area of law.

in 'the Good, the Bad and the Ugly' we look at recent events in the Fair Work Commission and employment community.

This week the team work through frequently asked questions around the legal issues that arise from work from home arrangments: contractual issues, work from home policies, personal leave, flexible work arrangements, and other tips for employers.

They then work through this week's 'Good, Bad and Ugly' from the courts and fair work commission.

The team this week work through some 'frequently asked questions' that clients have about probationary periods in employment contracts: what they are, why have them, and how they relate to the various statutory protections around dismissal.

In the Good, the Bad, the Ugly, they examine recent decisions of the Fair Work Commission relevant to employment law.

In this episode, the team dive into the transformative changes to independent contracting in Australia under Section 15AA of the Fair Work Act, effective from 26 August 2024. The new law introduces a statutory definition of employment, shifting the focus from written contracts to the real substance and practical reality of working relationships. This marks a return to the multi-factorial assessment approach, considering factors like control, risk, and work expectations.

They explore the implications for businesses and contractors, including the opt-out provision for high-income earners (above $175,000), who can choose to rely on contract terms instead. The episode also covers new protections against unfair contract terms, allowing contractors to challenge exploitative clauses through the Fair Work Commission.

We finish with 'The Good, the Bad, and the Ugly', the regular current affairs segment, where we showcase three recent cases from the Fair Work Commission.

In this episode the team address two aspects of the 'closing the loopholes' legislation: the new 'right to disconnect' as well as changes to casual employment. We also reintroduce 'the good, the bad and the ugly', our current affairs segment, which addresses interesting recent cases in the employment and industrial law space.

In this final edition for 2022, we discuss the recent legislative changes to the Fair Work Act and Anti-Discrimination laws, that the new Government has brought in as part of their election promises.

We are also joined again by Samantha Mangwana of Shine Lawyers, who shares her insights into the amendments to the Respect@Work bill.

We wish all our listeners a Merry Christmas and look forward to bringing you more employment law podcasts in 2023.