Workplace Relations Insights

13 March 2007

Welcome to the March edition of Clayton Utz Workplace Relations Insights, in which we’ll examine the new Independent Contractors Act which has just come into effect - and why you might need to review your arrangements.

We'll also look at employers' implied duty of trust and confidence, how the States are responding to Work Choices, and the meaning of "operational reasons" in dismissal.

Australian common law recognition of implied term of trust and confidence in employment contracts

By Joe Catanzariti.

Do contracts of employment impose obligations of trust and confidence on employers? This important and previously unanswered question in Australia was debated recently in the NSW Supreme Court, which held that such obligations may be implied in employment contracts, says Joe Catanzariti.

State responses to Work Choices

By Chris Hartigan.

How have the States been responding to the Commonwealth Work Choices legislation which introduced a national system of federal industrial regulation, asks Chris Hartigan - and what does their response mean for employers?

Operational reasons for dismissal: new ruling in Work Choices legislation

By John Oakes.

Employers are able to dismiss employees for "operational reasons" without contravening unfair dismissal provisions, but what is an "operational reason"? John Oakes looks for answers in a recent case.

Independent contractors: new national system of reviewing unfair contracts and ban on shams

By Hedy Cray.

Hedy Cray explains the new laws affecting independent contractors that have just come into effect.
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