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Articles by Michael Tamvakologos
EXPERT INSIGHTS-WHY THE NEGATIVE IMPACT OF NON-COMPETES IS OVERSTATED
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Why The Negative Impact Of Non-Competes Is Overstated (Part 2)
As we discussed in our previous blog on non-competes (as well as other types of restraint of trade), the move to add regulation has been gaining momentum since Federal Treasurer Jim Chalmers announced in August 2023 a Competition Review to examine competition laws, policies and institutions.
Why the negative impact of non-competes is overstated (Part 2) | JD Supra
[co-author: Ian Neil SC] As we discussed in our previous blog on non-competes (as well as other types of restraint of trade), the move to add regulation has been gaining momentum since Federal Treasurer Jim Chalmers announced in August 2023 a Competition Review to examine competition laws, policies and institutions.
Why the negative impact of non-competes is overstated (Part 2)
As we discussed in our previous blog on non-competes (as well as other types of restraint of trade), the move to add regulation has been gaining momentum since Federal Treasurer Jim Chalmers announced in August 2023 a Competition Review to examine competition laws, policies and institutions.
Why The Negative Impact Of Non-Competes Is Overstated
It seems like death by a thousand cuts. In August last year, Federal Treasurer Jim Chalmers announced a Competition Review to examine competition laws, policies and institutions to focus on reforms that would increase productivity, reduce the cost of living and/or lift wages. Non-compete clauses would be part of this two-year process.
Why the negative impact of non-competes is overstated | JD Supra
[co-author: Ian Neil SC] It seems like death by a thousand cuts. In August last year, Federal Treasurer Jim Chalmers announced a Competition Review to examine competition laws, policies and institutions to focus on reforms that would increase productivity, reduce the cost of living and/or lift wages. Non-compete clauses would be part of this two-year process.
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?
How Will The Potential Ban Of Employment Restraints Affect Australian Employers?
Many Australian businesses use contractual restraints of trade to protect confidential information and customer relationships. In this update we answer frequently asked questions about the future of restraints of trade in Australia, and consider options available to companies in the event that some types of restraints are no longer available. Yes – in the sense that the rules that have applied for years still apply for the moment.
How will the Potential Ban of Employment Restraints Affect Australian Employers?
By Michael Tamvakologos Seyfarth Synopsis: Many Australian businesses use contractual restraints of trade to protect confidential information and customer relationships. In this update we answer frequently asked questions about the future of restraints of trade in Australia, and consider options available to companies in the event that some types of restraints are no longer available. Are restraints of trade still allowed?
How will the Potential Ban of Employment Restraints Affect Australian Employers?
Seyfarth Synopsis: Many Australian businesses use contractual restraints of trade to protect confidential information and customer relationships. In this update we answer frequently asked questions about the future of restraints of trade in Australia, and consider options available to companies in the event that some types of restraints are no longer available. Are restraints of trade still allowed? Yes – in the sense that the rules that have applied for years still apply for the moment.
How will the potential ban of employment restraints affect Australian employers? | JD Supra Original
Many Australian businesses use contractual restraints of trade to protect confidential information and customer relationships. In this update we answer frequently asked questions about the future of restraints of trade in Australia, and consider options available to companies in the event that some types of restraints are no longer available. Are restraints of trade still allowed? Yes – in the sense that the rules that have applied for years still apply for the moment.
How will the potential ban of employment restraints affect Australian employers?
When clients were asked what they valued most in Michael, one client responded “He is very sharp, quick and commercial, and very good at building relationships with the commercial side of our business; you can put him in front of the CEO or anyone else and know he won’t let you down”, Chambers.
How will the potential ban of employment restraints affect Australian employers?
Many Australian businesses use contractual restraints of trade to protect confidential information and customer relationships. In this update we answer frequently asked questions about the future of restraints of trade in Australia, and consider options available to companies in the event that some types of restraints are no longer available. Are restraints of trade still allowed? Yes – in the sense that the rules that have applied for years still apply for the moment.
How will the potential ban of employment restraints affect Australian employers?
Many Australian businesses use contractual restraints of trade to protect confidential information and customer relationships. In this update we answer frequently asked questions about the future of restraints of trade in Australia, and consider options available to companies in the event that some types of restraints are no longer available. Are restraints of trade still allowed? Yes – in the sense that the rules that have applied for years still apply for the moment.
The Demise Of Labour Hire – The Problem, Policy And Politics - Outsourcing - United States
In his press club speech on 31 August 2023, just days before the public release of the Closing Loopholes Bill, Minister for Employment and Workplace Relations the Hon Tony Burke MP described the problem of the labour hire loophole as follows: "But if you have an enterprise agreement in place, the labour hire loophole is where the employer has agreed for particular tasks, particular classifications, that there'll be a particular rate of pay.
The demise of labour hire – the problem, policy and politics | JD Supra
In his press club speech on 31 August 2023, just days before the public release of the Closing Loopholes Bill, Minister for Employment and Workplace Relations the Hon Tony Burke MP described the problem of the labour hire loophole as follows: “But if you have an enterprise agreement in place, the labour hire loophole is where the employer has agreed for particular tasks, particular classifications, that there’ll be a particular rate of pay.
The demise of labour hire - the problem, policy and politics
In his press club speech on 31 August 2023, just days before the public release of the Closing Loopholes Bill, Minister for Employment and Workplace Relations the Hon Tony Burke MP described the problem of the labour hire loophole as follows: “But if you have an enterprise agreement in place, the labour hire loophole is where the employer has agreed for particular tasks, particular classifications, that there’ll be a particular rate of pay.
The demise of labour hire - the problem, policy and politics
In his press club speech on 31 August 2023, just days before the public release of the Closing Loopholes Bill, Minister for Employment and Workplace Relations the Hon Tony Burke MP described the problem of the labour hire loophole as follows: “But if you have an enterprise agreement in place, the labour hire loophole is where the employer has agreed for particular tasks, particular classifications, that there’ll be a particular rate of pay.
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.
The Psychological Assumption Behind Multi Enterprise Bargaining
In our previous blog, Chris Gardner and I explained why in our view, if the Secure Jobs, Better Pay Bill was made law, it would spell the end of single-enterprise bargaining. We said this would happen because many employers would be roped-in or otherwise pressured to join multi-enterprise deals, resulting in industry-level enterprise agreements much like industry awards. More fundamentally, we made observations on the impact on competition, which have since been echoed in numerous forums.
The psychological assumption behind multi enterprise bargaining | JD Supra
In our previous blog, Chris Gardner and I explained why in our view, if the Secure Jobs, Better Pay Bill was made law, it would spell the end of single-enterprise bargaining. We said this would happen because many employers would be roped-in or otherwise pressured to join multi-enterprise deals, resulting in industry-level enterprise agreements much like industry awards. More fundamentally, we made observations on the impact on competition, which have since been echoed in numerous forums.
The psychological assumption behind multi enterprise bargaining
In our previous blog, Chris Gardner and I explained why in our view, if the Secure Jobs, Better Pay Bill was made law, it would spell the end of single-enterprise bargaining. We said this would happen because many employers would be roped-in or otherwise pressured to join multi-enterprise deals, resulting in industry-level enterprise agreements much like industry awards. More fundamentally, we made observations on the impact on competition, which have since been echoed in numerous forums.
The end of enterprise bargaining | JD Supra
In our previous blog on the Secure Jobs, Better Pay Bill, Darren Perry explained that the Bill would change the workplace landscape if passed. Why that is, we will explore here. Let’s put aside the greater regulatory burden on employers for now. We will deal with that in an upcoming blog. For now, let’s say workplace compliance registers will need to expand. But there are more macro considerations that ought to grab the attention of the C-suite.
The end of enterprise bargaining
In our previous blog on the Secure Jobs, Better Pay Bill, Darren Perry explained that the Bill would change the workplace landscape if passed. Why that is, we will explore here. Let’s put aside the greater regulatory burden on employers for now. We will deal with that in an upcoming blog. For now, let’s say workplace compliance registers will need to expand. But there are more macro considerations that ought to grab the attention of the C-suite.
Australia: Should Pay Secrecy Clauses Stay Or Go? 13 April 2022 by Michael Tamvakologos and Lauren Crossman Seyfarth Shaw LLP Your LinkedIn Connections with the authors There's been a lot of debate in mainstream and social media in the past week about major Australian corporates removing pay secrecy clauses from their employment contracts. The Financial Services Union is keeping sustained pressure on employers in that industry to remove the clauses from their employment contracts.
Should pay secrecy clauses stay or go? | JD Supra
There’s been a lot of debate in mainstream and social media in the past week about major Australian corporates removing pay secrecy clauses from their employment contracts. The Financial Services Union is keeping sustained pressure on employers in that industry to remove the clauses from their employment contracts. The Labor Party has made it known that, if elected, it intends to amend the Fair Work Act to prohibit these kinds of clauses, as part of their commitment to achieving gender pay equity.
Should pay secrecy clauses stay or go?
There’s been a lot of debate in mainstream and social media in the past week about major Australian corporates removing pay secrecy clauses from their employment contracts. The Financial Services Union is keeping sustained pressure on employers in that industry to remove the clauses from their employment contracts. The Labor Party has made it known that, if elected, it intends to amend the Fair Work Act to prohibit these kinds of clauses, as part of their commitment to achieving gender pay equity.
What do the Jamsek and Personnel Contracting High Court cases really mean for the future of contracts and the performance of work? | JD Supra
Most recent commentary on the recent High Court decisions in Jamsek and Personnel Contracting suggests that the Court has confirmed the primacy to be given to the terms of the written contract when determining the nature of the relationship between the parties. Whilst that is a fair observation, there is much more to the story. Key to understanding the real commercial impact of the two High Court cases for business is an appreciation of two matters.
What do the Jamsek and Personnel Contracting High Court cases really mean for the future of contracts and the performance of work?
Most recent commentary on the recent High Court decisions in Jamsek and Personnel Contracting suggests that the Court has confirmed the primacy to be given to the terms of the written contract when determining the nature of the relationship between the parties. Whilst that is a fair observation, there is much more to the story. Key to understanding the real commercial impact of the two High Court cases for business is an appreciation of two matters.
The Evolution Of Casual Employment Regulation
To print this article, all you need is to be registered or login on Mondaq.com. The original idea A worker stands at the gates of the docks hoping for work. The boss approaches the fence separating dozens of huge containers from those milling outside wanting to unload them. "30 workers!" is the call. The first 30 file inside, heads counted as they pass; a day's work in front of them. There are no guarantees for tomorrow, just as there were none yesterday, but at least today is taken care of.
The evolution of casual employment regulation | Lexology
The original idea A worker stands at the gates of the docks hoping for work. The boss approaches the fence separating dozens of huge containers from those milling outside wanting to unload them. “30 workers!” is the call. The first 30 file inside, heads counted as they pass; a day’s work in front of them. There are no guarantees for tomorrow, just as there were none yesterday, but at least today is taken care of.
The gig economy – a new category of worker on the horizon? | JD Supra
Over five years ago, in 2015 we wrote a thought piece about the “gig economy” and where it might be headed. Given the gig economy was then only emerging as a part of the broader economy, the impacts, positive and negative, were not yet known. However, we observed that there was potential for workers and employers to successfully leverage technology as a complement or substitute for traditional ways of working.
The Gig Economy - A New Category Of Worker On The Horizon? - Employment and HR - United States
United States: The Gig Economy – A New Category Of Worker On The Horizon? 21 January 2021 by Michael Tamvakologos and Amanda Cavanough Seyfarth Shaw LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Over five years ago, in 2015 we wrote a thought piece about the "gig economy" and where it might be headed.
The Six Investment Principles To Apply To Win In Litigation
To print this article, all you need is to be registered or login on Mondaq.com. At first blush, time-honoured investment principles and the principles to be applied in getting good legal outcomes seem worlds apart. But after practicing law for eighteen years, and observing the financial markets, I have seen many parallels that run between the two.
The Six Investment Principles To Apply To Win In Litigation | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
The six investment principles to apply to win in litigation | Lexology
At first blush, time-honoured investment principles and the principles to be applied in getting good legal outcomes seem worlds apart. But after practicing law for eighteen years, and observing the financial markets, I have seen many parallels that run between the two.
The six investment principles to apply to win in litigation
At first blush, time-honoured investment principles and the principles to be applied in getting good legal outcomes seem worlds apart. But after practicing law for eighteen years, and observing the financial markets, I have seen many parallels that run between the two.
Will we win? The odds of success in restraint of trade cases | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Cyber Restraints Of Trade In The New Era Of Digital Markets | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
No Silver Bullet For Wages Growth, But There Are Solutions | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
The Post-Employment Restraint As A Business Asset | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Preparing Australian Employers For Increases In Employment Class Action Lawsuits | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
7 Proven Ingredients In Successful Enterprise Bargaining | JD Supra
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Changing An Employee’s Duties: Is That A Redundancy?
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A Modern Slavery Act For Australia
Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Already signed up? Log in here By using the service, you signify your acceptance of JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources.
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