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Ipso facto clauses now a problem

In addition to introducing “safe habour” legislation, the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) places restrictions on ipso facto clauses. Ipso facto clauses are clauses that allow for termination due to insolvency. The Act limits the ability to enforce these clauses during periods of voluntary administration, receivership or schemes of …
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The New ‘Safe Harbour’ Legislation

On Tuesday 12 September, the House of Representatives passed the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth), colloquially known as the ‘Safe Harbour Legislation’. The Act introduces protection for company directors from personal civil liability for insolvent trading under s 588G(2) of the Corporations Act 2001 (Cth). The Act was given …
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Can you control what your employees post on social media?

The boundaries between public life and private life, specifically in relation to the workplace and the home, have become porous. And the question for many organisations is whether they can control what their employees post on social media. The answer, like most legal answers, is that it depends on the circumstances and more particularly what …
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Why Investing in Workplace Diversity is Profitable

Workplace diversity has been a hot topic in corporate and government circles for some time. There is a considerable body of research that demonstrates that diverse workplace teams and inclusive organisational cultures impact directly on improved bottom line results. Despite this, some leaders regard Diversity and Inclusion as either the province of larger multi-national enterprises …
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Mandatory Data Breach Notification Bill Passed

It is the Bill that has done the rounds of Parliament and been the subject of much anticipation and commentary. Privacy nerds everywhere (read: Griffin Legal staff) were waiting with bated breath to see if the latest amendments to the Privacy Act 1988 (Cth) would be passed. On 13 February 2017, the Privacy Amendment (Notifiable …
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Canberra’s New Reportable Conduct Scheme – child protection obligations in the employment space

The new Reportable Conduct Scheme is now effective in Canberra, as of 1 July 2017. The ACT government passed legislation introducing the Scheme subsequent to the Royal Commission into Institutional Responses to Child Sexual Abuse. The Scheme is designed to ensure that allegations concerning child protection are identified, reported and acted on appropriately, at an …
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AFP workforce says “NO”

Yesterday, AFP employees delivered a clear message to the AFP Executive that they will not accept the Enterprise Agreement being offered by the AFP. 87.2% of employees cast a vote, and of those 80.88% voted no, meaning that only 19.12% voted yes. To set the scene, the circumstances leading into the vote were as follows: …
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Government Snapshot: Proposed Procurement Enforcement Regime

There has been a lot of discussion around the proposed changes to the way Commonwealth Government procures goods and services, in the form of the Government Procurement (Judicial Review) Bill 2017 (the Bill). The Bill was presented before the House of Represenatives on 25 May 2017. Of great importance is the introduction of a mechinism …
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The Importance of Performance Management in a ‘Throw-Away’ Culture Era

The importance of performance management to private employers and government departments cannot be overstated. Performance management is more than the process of evaluating and managing employees to ensure that the employer is meeting its obligations. The benefits to effectively managing employees can be wide-reaching to both employers and employees, especially when you consider the huge …
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