27 Sep 2017

CU LAB: Doing Business in Australia – Workplace

Saul Harben outlines the main issues in employment law for foreign investors looking to do business in Australia.

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Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.

TRANSCRIPT

The large majority of employees in Australia are covered by the Fair Work Act.  It's responsible for setting the minimum terms and conditions of employment in Australia, as well as creating a set of rules around termination of employment, and also creating the framework for collective bargaining or what we call an Australia enterprise bargaining.

Importantly, the Fair Work Act also contains a set of rules dealing with what happens to an employee's entitlements on transfer of business.  It's important for foreign investors to understand how these rules operate because they create the opportunity for creative and lateral thinking around a transaction, particularly in relation to what to do with employees and their entitlements upon transfer.