Insights

Is Your Restraint Clause Valid? CK Win Highlights Issues

Is Your Restraint Clause Valid? CK Win Highlights Issues

By Chris Kintis and Anastasia Stomo Restraint of trade clauses are often found in employment contracts and Australian businesses are increasingly choosing to use restraint clauses in contracts between commercial entities. When used in this form, however, they serve to...

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The future of BOOT and Loaded Rates in Enterprise Agreements

The future of BOOT and Loaded Rates in Enterprise Agreements

By Murray Procter and Ashlee Miller Around one-third of all employees in the Australian labour market are covered by enterprise agreements.1 Enterprise bargaining is a central feature of the Fair Work Act 2009 (Cth) (FW Act), and is regulated by Part 2-4. The objects...

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Amendments to Act to make enterprise bargaining less technical?

Amendments to Act to make enterprise bargaining less technical?

The enterprise agreement making process requires adherence to strict legislative steps before employees are allowed to vote on an agreement. Some may recall the difficult lesson learned by Peabody Energy in 2014, when its hard fought enterprise agreement was scuttled...

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The Evolving Climate of Labour Hire in Australia

The Evolving Climate of Labour Hire in Australia

By Murray Procter and Ashlee Miller In 2002, the Australian Government Productivity Commission estimated there were approximately 270,000 people employed through labour hire, which was the equivalent to about 2.9 per cent of all employed persons.1  Today, labour hire...

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CK Alert: Contract Indemnities – why the fuss?

CK Alert: Contract Indemnities – why the fuss?

Indemnities are regularly used in contracts in order to allocate risk between contracting parties. An indemnity is an agreement to cover loss and damage suffered by another party. Indemnities give rise to a form of contingent liability, the magnitude of which is often...

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