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Employee’s Right to Disconnect

As of 26 August 2024, national system employees of non-small business employers (mainly employers of 15 or more employees, including in associated companies) have a “right to disconnect”.  This right applies to employees of small business employers (14 or less employees) as of 26 August 2025.  The Fair Work Commission published a draft of the […]

Restraints on Employees under scrutiny

The federal government is in a consultation process to consider reform to law relating to restraints.  In April 2024, the treasury produced an issues paper “Non-competes and other restraints: understanding the impact on jobs, business and productivity” which is available at treasury.gov.au.  The issues paper identifies the typical types of restraint clauses on employees, including: The […]

Beware of Standard Form Trust Deeds

Many people use discretionary or family trusts in their asset holding, for perceived asset protection and income distribution advantages. Often, these trust deeds are bought “off the shelf” by providing basic information to the supplier which then issues the trust deeds in a standard form. For the purposes of estate planning, there are a number […]