Workplace Relations Insights

24 August 2010

Welcome to Workplace Relations Insights, in which we'll look at:

  • the main areas for concern for employers with the new adverse action provisions;
  • a court could imply the term of mutual trust and confidence into an employment contract;
  • the amount of control that an employer can exercise over employees in their private time; and
  • when, how - and why - Fair Work Australia can make a scope order.

Adverse action under the Fair Work Act - what should employers do?

By Dr Graham Smith and Jim Simmonds.

Graham Smith and Jim Simmonds look at the main areas for concern for employers with the new adverse action provisions, and give some practical guidance.

Employment contracts: The implied term of mutual trust and confidence

By Emma Goodwin and Lauren Wiese.

It is increasingly uncertain whether or not a term of mutual trust and confidence is implied by law into Australian contracts of employment and, if it is, how and under what circumstances it may be breached, warn Emma Goodwin and Lauren Wiese.

Regulating employee behaviour in their private time

By Glen Bartlett and Regan Sterry.

Glen Bartlett and Regan Sterry explain how courts and tribunals are increasingly allowing employers to encroach into the non-work activities of their employees because of the impact the behaviour might have on the employer's business interests.

Who is in? Who is out? Scope orders under the Fair Work Act

By Bryan Mueller.

When, how - and why - can Fair Work Australia make a scope order, asks Bryan Mueller.

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