ArticlePreliminary agreements: to be or not to be?Parties to a preliminary agreement are reminded to clearly specify if the agreement is intended to be legally binding.AustraliaCorporate/Commercial LawClayton Utz
ArticleThe ACCC releases a report on unfair terms in business-to-business contracts and says get ready for enforcementThe ACCC released a report on a review it conducted of potentially unfair terms used in business-to-business contracts.AustraliaCorporate/Commercial LawClayton Utz
ArticleQueensland Government releases recommendations of the review of the Crime and Misconduct Act 2001The recommendations could change the scope of matters referred to the Crime and Misconduct Commission and its focus.AustraliaCriminal LawClayton Utz
ArticleColes – the BOOT needs to fit all feet (not just the majority)Employers must ensure that the negotiated terms result in each employee being better off than under the applicable award.AustraliaEmployment and HRClayton Utz
ArticleExpanded meaning of "industrial action" under the Fair Work Act causes PR headache for employers"Industrial action" under the Fair Work Act can include distributing campaign information. AustraliaEmployment and HRClayton Utz
ArticleHow will new Federal procedures for dealing with workplace bullying complaints work?Proposed complaint processes for workplace bullying could lead to employees bypassing internal anti-bullying procedures.AustraliaEmployment and HRClayton Utz
ArticleReleasing internal statistics is not protected industrial action, says Federal CourtAny connection between the proposed industrial action and the employee's normal duties will be scrutinised carefully.AustraliaEmployment and HRClayton Utz
ArticleThe potential cost of free labour: what makes an intern an employee?An intern arrangement must be structured as a vocational placement where the main purpose benefits the student or worker.AustraliaEmployment and HRClayton Utz
ArticleUnion must wear Full Bench decision that ban on uniforms did not constitute industrial actionBanning work uniforms or requiring employees to wear campaign clothing may not be "industrial action" under the FW Act.AustraliaEmployment and HRClayton Utz
ArticleWH&S laws and the injured worker: One breach of duty does not causation makeTo successfully claim damages, a worker must establish that the employer's statutory breach was the cause of the injury.AustraliaEmployment and HRClayton Utz
ArticleWhat can - and can't - go into an enterprise agreement?This case provides useful clarification by the Court of the lawfulness of some common terms in enterprise agreements.AustraliaEmployment and HRClayton Utz
ArticleWhat will the Government's proposed increases to superannuation benefits cost my business?Superannuation changes will increase labour costs so employers should build flexibility into remuneration obligations. AustraliaEmployment and HRClayton Utz
ArticleIs the Commonwealth Government waterproofing our future? The new National Water Infrastructure Loan FacilityIncreased Commonwealth funding for water infrastructure may be a good thing, but key questions are yet to be answered.AustraliaEnergy and Natural ResourcesClayton Utz
ArticleMining tax beats challenge in High Court … and what it means for youThis judgment means that the MRRT will remain in place, subject to any action to repeal it taken by a new Government,.AustraliaEnergy and Natural ResourcesClayton Utz
ArticleNational Electronic Approvals Tracking System for offshore petroleum now in operationNEATS is expected to improve the timeliness, accountability and transparency of offshore petroleum approval processes.AustraliaEnergy and Natural ResourcesClayton Utz
ArticleNew Queensland Resources Common Provisions legislation has been passedThis new act will be step one of the MQRA Program to introduce standardised resources legislation into Queensland.AustraliaEnergy and Natural ResourcesClayton Utz
ArticleNew tax incentive to boost minerals explorationThe JMETC aims to encourage junior explorers to raise money for expensive (and risky) exploration in greenfield sites.AustraliaEnergy and Natural ResourcesClayton Utz
ArticleProposed legislation to unlock $35bn mineral resources in South Australia's Woomera Prohibited AreaProposed legislation aims to open up the Woomera Prohibited Area to mining exploration.AustraliaEnergy and Natural ResourcesClayton Utz
ArticleProposed new amendments to Mineral Resources Act to facilitate Aurukun bauxite leasesThe simplified application process is retained and the proposed amendments will allow for multiple mining proponents.AustraliaEnergy and Natural ResourcesClayton Utz