Don’t believe the hype: dismissal of employee who refused to be vaxxed was not unfair
This week’s decision of the Full Bench of the Fair Work Commission in Jennifer Kimber v Sapphire Coast Community Aged Care Ltd [2021] FWCFB 6015 has hit the headlines, primarily due to comments in the dissenting opinion of Deputy President Dean regarding mandatory COVID-19 vaccinations. Despite the hype, it is of course the decision of […]
Australian appeal to determine future of global relationship with AI
Who should read this Intellectual property professionals Developers of artificial intelligence (AI) and automated decision-making systems Things you should know In a world-first decision handed down on 30 July 2021 (Thaler v Commissioner of Patents (2021) FCA 879), the Federal Court of Australia has recognised that an AI system can be listed as an inventor […]
The designs, they are a changin’ – what you need to know about the amendments to the Designs Act 2003
The Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 (Cth) received Royal Assent on 10 September 2021, and introduces key changes to designs law in Australia. In particular, a 12 month “grace period” will be introduced, which protects applicants who use or publish their design before filing. The majority of the amendments commence […]
Mandatory vaccinations: key considerations for local Councils
COVID-19 vaccination requirements in the workplace is an evolving discussion in Australia. Public health orders apply to some industries, but most employers in New South Wales are considering their obligation to implement a COVID-19 vaccination policy to ensure health and safety, and respond to employee and community concerns. This article outlines the key considerations that […]
Term contracts: lessons learned from Naulty v Shoalhaven City Council
Shoalhaven City Council recently defeated an unfair dismissal application commenced by an Applicant employed under a “fixed” term contract by satisfying the Industrial Relations Commission that the employee was not “dismissed” for the purposes of section 84 of the Industrial Relations Act 1996 (NSW) (Act): Naulty v Shoalhaven City Council [2021] NSWIRComm 1012. When employment […]
Statutory Limitation Periods: a timely reminder provided in Calibre Construction Corp Pty Limited v Bayside Council [2021] NSWSC 758
Summary A recent decision in the NSW Supreme Court provides a timely reminder that parties to construction developments, including local councils, must be aware of the statutory limitation periods in which to bring claims or otherwise risk extinguishing their entitlements. Key takeaways It is essential to understand limitation periods (the maximum time within which a […]
Can Government incentives for local processing of critical minerals bring manufacturing back to Australia?
The incentives for processing minerals in Australia represent a concrete opportunity to build on a COVID-19 induced resurgence, putting Australia back on the map as a manufacturing destination of choice. Earlier this year we published our article, ‘The critical importance of critical minerals’[1] which highlighted many initiatives and incentives rolled out over the last few […]
A new approach to tackling sexual harassment: legislative changes in response to Respect@Work
Legislative change On 2 September 2021, the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Cth) (Act) was passed. Described by some as a “missed opportunity”, the amendments are discussed below. In real terms, it remains to be seen whether the Act will have any real impact on tackling the enduring high […]
The launch of .au direct: an entirely new domain
auDA recently announced that a new domain namespace will become available on 24 March 2022 for .au direct. This new extension will allow you to register your domain name directly preceding .au, for example: mycompany.au or newdomain.au. What is the benefit of .au direct? The new .au direct namespace is shorter, cleaner and likely to […]
Australia’s proposed framework for offshore wind and power
The Australian Government has taken the first step towards the development of a new offshore renewable energy industry through the introduction of the Offshore Electricity Infrastructure Bill 2021. This Bill provides a regulatory framework to support the construction, installation, commissioning, operation, maintenance and decommissioning of electricity transmission and renewable energy infrastructure in the Commonwealth offshore […]