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工作场所与雇佣
On 6 December 2022, the Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 received Royal Assent, amending the Fair Work Act 2009 (Cth). The key amendments to the Fair Work Act are as follows: 1. Casual Conversion – currently in effect Casual conversion is allowing casual employees to become employed on a permanent basis. It is available for an eligible casual employee, being one who: Has been employed for at least 12 months; Has worked regular pattern of hours during the last six months of employment; and Is able to continue working the regular pattern of hours as a full time or part time employee without significant changes. Employers must offer casual conversion within 21 days of an eligible employee’s 12 month work anniversary. This is an ongoing obligation, and employers must consider an employee’s eligibility each year to make the offer. If a casual employee requests casual conversion, employers must respond in writing by accepting or rejecting within 21 days. An employer must have reasonable grounds for rejecting a request, or not making a casual conversion offer. Employers must also provide casual employees with the ‘Casual Employment Information Statement’ in addition to the Fair Work Information Statement, at the commencement of employment. 2. Pay Secrecy Terms – currently in effect The Fair Work Act now gives employees the right to disclose their salary information. It also prohibits employers from entering into a contract (or other written agreement) with an employee which includes a term which prohibits an employee from disclosing their salary or other terms and conditions reasonably necessary to determine an employee’s salary. Any existing employment agreements which do include a pay secrecy term have no effect, and can no longer be enforced. 3. Prohibiting Workplace Sexual Harassment – effective 6 March 2023 The Fair Work Act will prohibit sexual harassment in connection with work. Employers will potentially be made liable for sexual harassment committed by an employee or agent in connection with work, unless they can prove they took all reasonable steps to prevent the sexual harassment. 4. Flexible Working Arrangements – effective 6 June 2023 The amendments allow pregnant employees and employees experiencing domestic violence to request flexible working arrangements. In addition to existing obligations on employers to provide reasons for refusing an employee’s request for flexible working arrangements, employers may only refuse a request for flexible work arrangements if they have: (a) Discussed the request with the employee;(b) Genuinely tried to reach an agreement with the employee about making changes;(c) Had regard to the consequences of refusal for the employee; and(d) The refusal is on reasonable business grounds. Employers must also set out the particular business ground that it relies on for refusing the request, and explain how those grounds apply to the request. The Fair Work Commission will now be able to hear and make orders about disputes regarding flexible workplace arrangement requests. 5. Fixed Term arrangements – effective 6 December 2023 The term of a fixed term employment contract must not exceed 2 years (including extensions). Fixed term contracts may not be extended more than once. Some fixed term contracts are excluded from this rule, e.g. those relating to casual employees, seasonal labour, specialised skill employment and high-income employees. From 6 December 2023, employers will need to give ‘Fixed Term Contract Information Statement’ prepared by the Fair Work Ombudsman. This has not yet been made available. Disclaimer: The contents of this publication are general in nature and do not constitute legal advice. The information may have been obtained from external sources and we do not guarantee the accuracy or currency of the information at the date of publication or in the future. Please obtain legal advice specific to your circumstances before taking any action on matters discussed in this publication.
09 Jan 2023
研讨会
Ken Hong and Bella Cho of H & H Lawyers gave presentations on a webinar titled"Prospective Areas in 2023", co-hosted by KOTRA (Korea Trade-Investment Promotion Agency)Sydney AU and the Korean Embassy in Australia. You can view the videos (in Korean) on KOTRA Sydney's YouTube channel. 1. Major changes to Australian employment law for FY23 - Kenneth Hong (Principal lawyer) 2. Australia's anti-dumping regulations - Bella Cho (Foreign lawyer)
25 Nov 2022
新闻发布
In its fifteenth anniversary November issue, the Legal Times of Korea profiled the Korea desk of H & H Lawyers. The Legal Times spotlighted our Korea desk lawyers and some of the major cross-border projects the firm was involved in. View the full article (in Korean)here.
24 Nov 2022
事务所动向
H & H Lawyers hosted law seminars on 8 and 29 September 2022 at Pullman Albert Park in Melbourne. At the business law seminar on 8 September, Kenneth Hong, Managing Partner, outlined the key points of Australian business structures, employment law and commercial leases. Noel Kim, Partner, explained the process behind the registration of IP rights, including trademarks, patents and designs, as well as how to minimise the risk of an IP dispute. At the immigration and criminal law seminar on 29 September, John Kim, Partner, explained the various types of Australian permanent residency visas. John Kahn, Partner, shared useful tips on how to deal with the criminal charges that people most commonly experience in Australia. In addition to their legal knowledge, our lawyers shared their lived experiences based on their careers thus far. These personal reflections drew much attention from the attendees, and a Q & A session was held towards the end of the seminar where attendees had many of their burning questions answered.
03 Oct 2022
事务所动向
H & H Lawyers recently renewed their sponsorship agreement with the Korean Law Students at the University of Sydney (KLUS) for a further five years. As part of our collaboration, Jennifer Choi, a Senior Associate in our Real Estate team, attended the 2022 Legal Careers Panel Event on 25 August as a panellist. Jennifer recounted her journey so far as a legal professional and shared her insights on what a career in the law can offer to young Korean students. H & H Lawyers hopes to continue to support and inspire the next generation of Koreans looking to join the profession.
06 Sep 2022
事务所动向
The seminar, which was held on 23 June at the Gangnam Finance Centre in Seoul, Korea, was attended by executives of start-ups and venture capital firms. Ken Hong shared on Australian business structure, employment law and regulations on foreign investments. John Kim outlined the visa options that can be obtained when establishing a company or investing in the Australian market. Whether for international or domestic clients, H & H Lawyers can provide expertise on laws regarding investing, establishing and operating a business in Australia.
28 Jun 2022