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What can my employer do with my fingerprints?

A closer look at biometric data in the workplace A recent decision of the Fair Work Commission (FWC) has provided some insight into the collection and use of sensitive information in the workplace. In the case of Jeremy Lee v Superior Wood Pty Ltd [2019] FWCFB 2946, the FWC found that it was unfair for an …
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Revised data encryption laws explained

A controversial shake up to Australia’s data laws came into force in December 2018. The Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (the Amendment) amended several pieces of legislation to enable the Government to access the communications of individuals in the name of national security. The Amendment was passed to make it …
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Can a dispute about a Deed, be resolved by the Deed in dispute?

The lessons from Rinehart v Hancock Prospecting Whether you’re confused about the heading of this article or identify with it – the question of how to resolve a dispute under a Deed is not always so simple. This was recently seen in one of the many legal battles plaguing the Rinehart family which ended in …
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What’s in a day? The Federal Court rules on personal leave accruals

On 21 August 2019, the Full Court of the Federal Court of Australia considered an alleged inconsistency between the National Employment Standards (NES) and an Enterprise Agreement related to the accrual of personal/carer’s leave. Mondelez Australia Pty Ltd (Mondelez) operates food manufacturing plants across Australia and is a national system employer. Mondelez entered into an …
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ACT Ombudsman Facebook page goes live!

Last year many of you attended our Workplace Reportable Conduct & Child Protection Obligations Seminar where we discussed: what is covered by the scheme in ACT, what amounts to reportable conduct and what to do when reportable conduct is identified, this included the significant role played by the ACT Ombudsman. On 11 June 2019 the …
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Whistleblower Protections

Does Your Company Have a Policy? From 1 July 2019, the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2019 (Cth) takes effect. These changes impact all public companies and large proprietary companies. A large private company means a proprietary company with any two of the following: consolidated revenue of $25 million value of consolidated gross …
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Pranks and Allegations of Sexual Harassment

Pranks and allegations of sexual harassment Sexual harassment allegations in the workplace are dealt with under Commonwealth and Territory legislation. Sexual harassment occurs when a person is subjected to any unwanted or uninvited sexual behaviour that is offensive, intimidating or humiliating. Sexual harassment may be verbal, visual or physical.  In summary, the legislation throughout Australia …
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12 Months of Enforcement – The Trials and Tribulations of the GDPR

The European General Data Protection Regulation (GDPR) came into force on 25 May 2018. We have now seen 12 months since the commencement of the GDRP. Though a revolutionary regional instrument, it imposes obligations on businesses across the globe. In its one year of application, the GDPR has drastically changed the data protection and privacy …
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