Jackson McDonald publications


  • 22 May 2017

    When can you direct an employee to attend a medical assessment?

    ?Managing ill and injured employees is difficult, particularly when it comes to determining whether you can require an employee to provide further medical information or attend a medical assessment. This alert looks at some of the circumstances in which a direction for an employee to provide further medical information or attend a medical assessment is lawful and reasonable.

    LINK 35KB

    Author: Renae Harding

  • 11 May 2017

    WARNING: Common terms in employment contracts may not meet NES requirements

    Contracts of employment often include clauses which deal with working on public holidays and setting off over award / agreement payments.  Those clauses need to be reviewed following a recent decision of the Full Bench of the Fair Work Commission and any necessary amendments need to be drafted carefully.

    LINK 36KB

    Author: Renae Harding

  • 20 April 2017

    Prime Minister announces changes to skilled worker visa scheme: Will you be affected?

    On Tuesday Prime Minister Malcolm Turnbull announced substantial changes to the way skilled overseas workers will be able to live and work in Australia. While the announcement has been met with both criticism and praise, a closer look reveals there is still room for skilled overseas workers in Australia but there will be fewer occupations and greater restrictions for potential visa holders.   

    LINK 36KB

    Author: Shannon Walker

  • 18 April 2017

    Has your organisation suffered a serious data breach? Reporting will soon be mandatory!

    The Privacy Act 1988 (Cth) (Privacy Act) has recently been amended to introduce a mandatory data breach notification regime. This means that entities regulated by the Privacy Act will soon be required to notify impacted individuals (and the Office of the Australian Information Commissioner) when a serious data breach occurs.

    LINK 37KB

    Author: Elizabeth Tylich

  • 28 March 2017

    JacMac Tourism & Hospitality - March 2017 edition

    Following on from our first instalment in this series of e-alerts on “The Rise of Leisure Precincts”, we are now addressing some of the key construction issues relating to shopping centres within Western Australia that are being refurbished or expanded.

    LINK 41KB

    Authors: Richard Sandover, Shevaun Stringer

  • 2 March 2017

    Exploitation of Indigenous Culture Bill introduced

    A Private Members bill has been introduced to Federal Parliament entitled Competition and Consumer Amendment (Exploitation of Indigenous Culture) Bill 2017 (Bill).

    The purpose of the Bill is to prevent non-Aboriginal or Torres Strait Islanders and foreigners benefitting from the sale of Indigenous art, souvenir items and other cultural items and thereby depriving Aboriginal and Torres Strait Islanders of the rightful benefits of their culture.

    LINK 39KB

    Author: Adam Levin

  • 23 February 2017

    Fair Work Commission cuts Sunday and public holiday rates for retail and hospitality workers

    The Fair Work Commission has today handed down its long awaited decision on penalty rates, cutting Sunday penalties in the hospitality, fast food, retail, and pharmacy industry awards and public holiday penalties in those industries as well as in the restaurant industry.

    LINK 40KB

    Author: Renae Harding

  • 2 February 2017

    JacMac Tourism & Hospitality - February 2017 edition

    The rise and rise of the online retail environment has significantly impacted the physical retail space to which we have become used to.  Retailers and shopping centre owners are having to refocus given the cyber disruption.

    LINK 65KB

    Author: Richard Sandover

  • 20 December 2016

    Copyright holders are given another tool to fight online infringement

    The Federal Court has delivered its first substantive decision concerning the operation of s. 115A of the Copyright Act.  Section 115A enables copyright owners to apply for injunctive relief requiring internet service providers (ISPs) to block access to websites which facilitate copyright infringement.  

    Full article 10KB

    Author: Darren Pratt

  • 15 December 2016

    Don't end up a casualty of your casual employees!

    The recent case of Skene v Workpac Pty Ltd [2016] FCCA 3035 in the Federal Circuit Court has considered once again what it means to be a “casual employee” under both the Fair Work Act 2009 (FW Act) and an industrial instrument. The end result has seen the Court find that while the employee was not a casual employee under the industrial instrument, they were a casual employee under the FW Act and therefore the employer was required to pay out annual leave.

    Download PDF 42KB

    Authors: Renae Harding, Shannon Walker