Chris Gardner
As seen in:
Australian Financial Review,
JD Supra,
Lexology,
Mondaq,
Mount Desert Islander,
LexBlog,
HRmonthly
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Articles by Chris Gardner
Congress must close this crypto loophole
As a former law enforcement officer, I spent my career protecting the citizens in Washington County, pursuing criminals who thought they could operate in the shadows. Whether it was drug traffickers, fraudsters or organized crime networks, one lesson remained constant: follow the money. As a county commissioner and as director of the Eastport Port Authority, I have dealt with a variety of issues and numerous regulatory issues with foreign nationals.
Navigating Employee Relations: The Advisor's Role (Part 5)
In recent months, I've spoken to many HR professionals about all things employee relations or "ER." What stood out was the challenging nature of the role of those in ER. The role of ER has never been more valuable to Australian employers, whose workplaces have never been more regulated. Yes, compliance is a must, but meeting business objectives is also a must. ER is at the pointy end of keeping a business out of trouble and getting things done.
Employment and HR
SS Seyfarth Shaw LLP More With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity.
Navigating employee relations: The advisor’s role (Part 4)
In recent months, I’ve spoken to many HR professionals about all things employee relations or “ER.” What stood out was the challenging nature of the role of those in ER. The role of ER has never been more valuable to Australian employers, whose workplaces have never been more regulated. Yes, compliance is a must, but meeting business objectives is also a must. ER is at the pointy end of keeping a business out of trouble and getting things done.
Employment and HR
In recent months, I've spoken to many HR professionals about all things employee relations or "ER." What stood out was the challenging nature of the role of those in ER. The role of ER has never been more valuable to Australian employers, whose workplaces have never been more regulated. Yes, compliance is a must, but so too is meeting business objectives. ER is at the pointy end of keeping a business out of trouble and getting things done.
Navigating employee relations: The advisor’s role (Part 3)
In recent months, I’ve spoken to many HR professionals about all things employee relations or “ER.” What stood out was the challenging nature of the role of those in ER. The role of ER has never been more valuable to Australian employers, whose workplaces have never been more regulated. Yes, compliance is a must, but so too is meeting business objectives. ER is at the pointy end of keeping a business out of trouble and getting things done.
Navigating employee relations: The advisor’s role (Part 2) | JD Supra
September 3, 2024 To embed, copy and paste the code into your website or blog: In recent months, I’ve spoken to many HR professionals about all things employee relations or “ER.” What stood out was the challenging nature of the role of those in the ER. The role of ER has never been more valuable to Australian employers, whose workplaces have never been more regulated. Yes, compliance is a must, but meeting business objectives is also a must.
Employment and HR
In recent months, I've spoken to many HR professionals about employee relations (ER). The challenging nature of the role for those in ER was a common theme. The role of ER has never been more valuable to Australian employers, whose workplaces have never been more regulated. Yes, compliance is a must, but meeting business objectives is also necessary. ER is at the pointy end of keeping a business out of trouble and getting things done.
Navigating employee relations: The advisor’s role (Part 1)
In recent months, I’ve spoken to many HR professionals about employee relations (ER). The challenging nature of the role for those in ER was a common theme. The role of ER has never been more valuable to Australian employers, whose workplaces have never been more regulated. Yes, compliance is a must, but meeting business objectives is also necessary. ER is at the pointy end of keeping a business out of trouble and getting things done.
The next ten years: Seyfarth’s partners discuss the future of employment and workplace safety law in Australia
In our previous post celebrating the firm’s decade in Australia, our partners shared their insights into the most significant changes in employment and safety law that have affected leading employers. This post further explores our partners’ perspectives on the major changes and trends that they anticipate will have a major impact on Australian businesses in the next five to ten years. What changes or trends do you foresee that will have a major impact on employers in the next 5-10 years?
A Decade in Australia: Seyfarth’s Partners Reflect on Changes in Employment and Workplace Safety Law
By Rachel Bernasconi, Paul Cutrone, Marissa Dreher, Ben Dudley, Chris Gardner, Erin Hawthorne, Justine Giuliani, Sarah Goodhew, Philippa Noakes, Darren Perry, Penny Stevens, Henry Skene and Michael Tamvakologos Seyfarth just celebrated ten years of service to leading employers in Australia. To mark the occasion, we invited some of our partners to share insights on the evolution of employment, industrial relations and workplace safety in Australia over the past ten years.
Closing Loopholes Just Keeps Getting Better And Better
It is worth noting that under the original timetable of the Hon Tony Burke MP for the Closing Loopholes Bill, it would have been passed as law this week. Instead, in the face of Senate scrutiny, the Bill was pushed into Committee for examination until February 2024. In the time since, fundamental problems with the Bill have been identified (as have been extensively covered in this blog and media commentary). This week, the Australian Government tabled proposed amendments aimed at a tidy up.
Closing Loopholes just keeps getting better and better
It is worth noting that under the original timetable of the Hon Tony Burke MP for the Closing Loopholes Bill, it would have been passed as law this week. Instead, in the face of Senate scrutiny, the Bill was pushed into Committee for examination until February 2024. In the time since, fundamental problems with the Bill have been identified (as have been extensively covered in this blog and media commentary). This week, the Australian Government tabled proposed amendments aimed at a tidy up.
Looking to cut costs? Who you gonna call? | JD Supra
So, the business needs to cut costs. It might want to outsource. Redundancies look inevitable. But you need to be sure: so here comes “McKutters”,” Brains” or another high-priced consultant. Things are getting expensive. Everything is on the table. There’s an enterprise agreement or two driving costs. You could get maintenance cheaper elsewhere. Or how about the supply chain? A 3PL solution can work. The numbers stack up. Your hunch is right – the consultants have confirmed it.
Looking To Cut Costs? Who You Gonna Call?
So, the business needs to cut costs. It might want to outsource. Redundancies look inevitable. But you need to be sure: so here comes a high-priced management consultant. Things are getting expensive. Everything is on the table. There's an enterprise agreement or two driving costs. You could get maintenance cheaper elsewhere. Or how about the supply chain? A 3PL solution can work. The numbers stack up. Your hunch is right – the consultants have confirmed it.
Looking to cut costs? Who you gonna call? McKutters?
So, the business needs to cut costs. It might want to outsource. Redundancies look inevitable. But you need to be sure: so here comes “McKutters”,” Brains” or another high-priced consultant. Things are getting expensive. Everything is on the table. There’s an enterprise agreement or two driving costs. You could get maintenance cheaper elsewhere. Or how about the supply chain? A 3PL solution can work. The numbers stack up. Your hunch is right – the consultants have confirmed it.
Looking to cut costs? Who you gonna call? McKutters?
So, the business needs to cut costs. It might want to outsource. Redundancies look inevitable. But you need to be sure: so here comes “McKutters”,” Brains” or another high-priced consultant. Things are getting expensive. Everything is on the table. There’s an enterprise agreement or two driving costs. You could get maintenance cheaper elsewhere. Or how about the supply chain? A 3PL solution can work. The numbers stack up. Your hunch is right – the consultants have confirmed it.
Board accountability and sexual harassment in the new regime | JD Supra
If it’s not already happening, Board room agendas will be making room for yet another compliance program. We’ve said it before and it’s worth repeating: the bolstering of anti-sexual harassment laws will see workplaces adopt approaches akin to eliminating or minimising, so far as reasonably practicable, workplace health and safety risk. The positive duty demands “reasonable and proportionate” measures to eliminate sex discrimination, sexual harassment and victimisation, as far as possible.
Board accountability and sexual harassment in the new regime
If it’s not already happening, Board room agendas will be making room for yet another compliance program. We’ve said it before and it’s worth repeating: the bolstering of anti-sexual harassment laws will see workplaces adopt approaches akin to eliminating or minimising, so far as reasonably practicable, workplace health and safety risk. The positive duty demands “reasonable and proportionate” measures to eliminate sex discrimination, sexual harassment and victimisation, as far as possible.
Closing loopholes or throwing lifelines… | JD Supra
This instalment of our series on the Closing Loopholes Bill considers new measures aimed squarely at union empowerment. The Bill mandates rights for union workplace delegates that must be included in all Modern Awards and future enterprise agreements.
Closing Loopholes Or Throwing Lifelines…
This instalment of our series on the Closing Loopholes Bill considers new measures aimed squarely at union empowerment. The Bill mandates rights for union workplace delegates that must be included in all Modern Awards and future enterprise agreements.
Closing loopholes or throwing lifelines...
At the forefront of new law, in areas where many others dread to walk, Henry is at his finest. For legal advice to be truly effective, it must seize an opportunity or solve a problem, aligned with an organisation strategy – exactly what Henry is known for. Delivering solutions that innovate and focus on the long term. Commercially-minded and outcomes-driven, he is uncompromising when advancing the interests of employers and business owners.
Closing loopholes or creating a noose?
Anything but casual… In the first of our series examining the Closing Loopholes Bill introduced into Parliament yesterday, we look at the new measures for casual employment. The Orwellian title of the Closing Loopholes Bill foreshadows its intentions: casual employment is double-plus-ungood.
Labor's Changes To Labour Strategy
Some of this is guesswork, and the extent of what's coming is uncertain, but: Fixed term arrangements have a limited life. This we know already. Employees have greater rights to flexible work arrangements. Ditto. The use of casuals will be restricted, and casuals will have more rights. For organisations with enterprise agreements, outsourcing work will be limited to using external labour for the same price as that (otherwise) paid internally.
Closing loopholes or creating a noose?
Anything but casual… In the first of our series examining the Closing Loopholes Bill introduced into Parliament yesterday, we look at the new measures for casual employment. The Orwellian title of the Closing Loopholes Bill foreshadows its intentions: casual employment is double-plus-ungood.
Labor’s changes to labour strategy | JD Supra
September 1, 2023 To embed, copy and paste the code into your website or blog: Some of this is guesswork, and the extent of what’s coming is uncertain, but: Fixed term arrangements have a limited life. This we know already. Employees have greater rights to flexible work arrangements. Ditto. The use of casuals will be restricted, and casuals will have more rights.
Labor’s changes to labour strategy
Some of this is guesswork, and the extent of what’s coming is uncertain, but: Fixed term arrangements have a limited life. This we know already. Employees have greater rights to flexible work arrangements. Ditto. The use of casuals will be restricted, and casuals will have more rights. For organisations with enterprise agreements, outsourcing work will be limited to using external labour for the same price as that (otherwise) paid internally.
Labor’s changes to labour strategy
At the forefront of new law, in areas where many others dread to walk, Henry is at his finest. For legal advice to be truly effective, it must seize an opportunity or solve a problem, aligned with an organisation strategy – exactly what Henry is known for. Delivering solutions that innovate and focus on the long term. Commercially-minded and outcomes-driven, he is uncompromising when advancing the interests of employers and business owners.
Labor’s changes to labour strategy
At the forefront of new law, in areas where many others dread to walk, Henry is at his finest. For legal advice to be truly effective, it must seize an opportunity or solve a problem, aligned with an organisation strategy – exactly what Henry is known for. Delivering solutions that innovate and focus on the long term. Commercially-minded and outcomes-driven, he is uncompromising when advancing the interests of employers and business owners.
Is Your Business Ready For A Relentless And Exhausting Period Of Change?
Already stretched HR, ER, WHS and Legal teams are about to confront a (seemingly) never-ending stream of law changes that will require cross-team collaboration to operationalise. At a time when there are already broader economic and market challenges for businesses, leading employers will need to have sufficient resourcing and planning to confront the changes we know are coming.
Is your business ready for a relentless and exhausting period of change? | JD Supra
Already stretched HR, ER, WHS and Legal teams are about to confront a (seemingly) never-ending stream of law changes that will require cross-team collaboration to operationalise. At a time when there are already broader economic and market challenges for businesses, leading employers will need to have sufficient resourcing and planning to confront the changes we know are coming.
Is your business ready for a relentless and exhausting period of change?
Already stretched HR, ER, WHS and Legal teams are about to confront a (seemingly) never-ending stream of law changes that will require cross-team collaboration to operationalise. At a time when there are already broader economic and market challenges for businesses, leading employers will need to have sufficient resourcing and planning to confront the changes we know are coming.
Is your business ready for a relentless and exhausting period of change?
Already stretched HR, ER, WHS and Legal teams are about to confront a (seemingly) never-ending stream of law changes that will require cross-team collaboration to operationalise. At a time when there are already broader economic and market challenges for businesses, leading employers will need to have sufficient resourcing and planning to confront the changes we know are coming.
Is your business ready for a relentless and exhausting period of change?
Already stretched HR, ER, WHS and Legal teams are about to confront a (seemingly) never-ending stream of law changes that will require cross-team collaboration to operationalise. At a time when there are already broader economic and market challenges for businesses, leading employers will need to have sufficient resourcing and planning to confront the changes we know are coming.
The Five Red Flags Of Wage Non-compliance
Many in our readership will have embarked (or are embarking) upon a compliance audit of workplace entitlements. Anyone who has done so will appreciate the difficulties associated with what becomes a massive and complex task. The future will see monthly pay reviews as a matter of course rather than large and costly remediation processes. Indeed, a whole industry has been built crunching the numbers on wage/time and attendance compliance.
The five red flags of wage non-compliance | JD Supra
Many in our readership will have embarked (or are embarking) upon a compliance audit of workplace entitlements. Anyone who has done so will appreciate the difficulties associated with what becomes a massive and complex task. The future will see monthly pay reviews as a matter of course rather than large and costly remediation processes. Indeed, a whole industry has been built crunching the numbers on wage/time and attendance compliance.
HR And Safety Working Together On The New Positive Duty
We have psychosocial risks, of which sexual harassment is one of the most common hazards. We have a new positive duty to prevent sexual harassment at a federal level that we discussed in our previous blog. The duties are at least similar: "So far as is reasonably practicable'' under health and safety law and "reasonable and proportionate measures" to prevent sexual harassment. Traditionally, HR has lent expertise and leadership in relation to the prevention of, and response to, sexual harassment.
The five red flags of wage non-compliance
Many in our readership will have embarked (or are embarking) upon a compliance audit of workplace entitlements. Anyone who has done so will appreciate the difficulties associated with what becomes a massive and complex task. The future will see monthly pay reviews as a matter of course rather than large and costly remediation processes. Indeed, a whole industry has been built crunching the numbers on wage/time and attendance compliance.
The five red flags of wage non-compliance
Many in our readership will have embarked (or are embarking) upon a compliance audit of workplace entitlements. Anyone who has done so will appreciate the difficulties associated with what becomes a massive and complex task. The future will see monthly pay reviews as a matter of course rather than large and costly remediation processes. Indeed, a whole industry has been built crunching the numbers on wage/time and attendance compliance.
HR and safety working together on the new positive duty
We have psychosocial risks, of which sexual harassment is one of the most common hazards. We have a new positive duty to prevent sexual harassment at a federal level that we discussed in our previous blog. The duties are at least similar: “So far as is reasonably practicable’’ under health and safety law and “reasonable and proportionate measures” to prevent sexual harassment. Traditionally, HR has lent expertise and leadership in relation to the prevention of, and response to, sexual harassment.
Paying more than lip service to psychosocial safety | JD Supra
Psychosocial risk is number one on the agenda for many Australian workplace leaders. Right now, most safety briefings requested of us are on this very topic. And with good reason.
Preventing sexual harassment - adopting a safety oriented approach
Employers around Australia will need to review and centralise sexual harassment prevention initiatives in light of the new duty in the Sex Discrimination Act 1984 to take “reasonable and proportionate” measures to prevent sexual harassment. The nature and extent of this positive duty will be the subject of much legal argument.
Preventing sexual harassment - adopting a safety oriented approach
Employers around Australia will need to review and centralise sexual harassment prevention initiatives in light of the new duty in the Sex Discrimination Act 1984 to take “reasonable and proportionate” measures to prevent sexual harassment. The nature and extent of this positive duty will be the subject of much legal argument.
Preventing sexual harassment - adopting a safety oriented approach
Employers around Australia will need to review and centralise sexual harassment prevention initiatives in light of the new duty in the Sex Discrimination Act 1984 to take “reasonable and proportionate” measures to prevent sexual harassment. The nature and extent of this positive duty will be the subject of much legal argument.
Industry-based bargaining: the new industrial relations frontier for HR
Here’s what HR needs to know about the impending industry-based bargaining changes. If employers and HR professionals are feeling confused by the impending bargaining-related changes to the Fair Work Act, it’s with good reason. How those changes will play out is not immediately apparent with their scope to be shaped in the first instance by the Fair Work Commission (FWC).
“IR laws top CEO concerns” | JD Supra
This is The Australian’s 8 December 2022 headline. It reflects the result of its 2022 CEO Survey. We’re not surprised. It echoes the observation made in our previous blog about the new laws getting much C-suite interest. This interest, and those concerns, stem from the likely shift away from enterprise bargaining and towards terms and conditions being set along industry lines. The laws are very much aimed at employers who are able to compete on price through favourable labour arrangements.
“IR laws top CEO concerns”
This is The Australian’s 8 December 2022 headline. It reflects the result of its 2022 CEO Survey. We’re not surprised. It echoes the observation made in our previous blog about the new laws getting much C-suite interest. This interest, and those concerns, stem from the likely shift away from enterprise bargaining and towards terms and conditions being set along industry lines. The laws are very much aimed at employers who are able to compete on price through favourable labour arrangements.
Multi-employer Bargaining Under
Across a range of disciplines, the Fair Work Amendment (Secure Jobs, Better Pay) Act 2022 will bring a paradigm shift. Indeed, on our count, there are thirteen new civil penalty laws aimed at employers arising from new obligations. But the most profound change will be in the area of workplace bargaining as our previous blogs, which you can read here and here, have highlighted. Not surprisingly, it's where we are seeing much thinking done by many of our clients.
Multi-employer bargaining under “Secure Jobs, Better Pay” – 10 implications for employers | JD Supra
Across a range of disciplines, the Fair Work Amendment (Secure Jobs, Better Pay) Act 2022 will bring a paradigm shift. Indeed, on our count, there are thirteen new civil penalty laws aimed at employers arising from new obligations. But the most profound change will be in the area of workplace bargaining as our previous blogs, which you can read here and here, have highlighted. Not surprisingly, it’s where we are seeing much thinking done by many of our clients.
Multi-employer bargaining under “Secure Jobs, Better Pay” - 10 implications for employers
Across a range of disciplines, the Fair Work Amendment (Secure Jobs, Better Pay) Act 2022 will bring a paradigm shift. Indeed, on our count, there are thirteen new civil penalty laws aimed at employers arising from new obligations. But the most profound change will be in the area of workplace bargaining as our previous blogs, which you can read here and here, have highlighted. Not surprisingly, it’s where we are seeing much thinking done by many of our clients.
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