I am delighted to let you know that we have launched the latest board paper in our Trust Continuum thought leadership campaign, titled Trust Continuum: The Changing Face of Leadership. This campaign comprises a series of board papers which draws on the expertise of our Baker McKenzie colleagues globally, and examines the inextricable link between
We’re thrilled to announce the release of a new edition of The Global Employer: Focus on Global Immigration & Mobility.
This handbook is the go-to resource for in-house counsel, human resource managers and global relocation professionals to identify key mobility issues — ranging from business immigration and compliance, to employment and compensation. It provides…
The new COVID-19 reality means that more employees around the world are now working from home. Some companies are transitioning to a permanent remote working model; others are looking at adjusting schedules so that a smaller number of employees are in the office at any time. As more employees work remotely, companies must grapple with…
The COVID-19 pandemic is forcing companies to re-examine their work from home or remote work policies. There is no one size fits all plan. Many companies have moved rapidly to a remote workforce during the pandemic, often with employees relocating to (or been stranded in) locations outside of their normal worksites. For some, remote work…
We are please to share with you The Global Employer – Global Immigration & Mobility Quarterly Update which is a collection of immigration and mobility alerts from around the world.
Please click here to view.
Join us for Part 3 of our webinar series on the USMCA, as we approach entry-into-force of the agreement on July 1, 2020. In this webinar, “USMCA: Labor Rules and Trade Remedies,” Baker McKenzie experts from the United States, Mexico and Canada will discuss how to prepare for enforcement under the Rapid Response…
We hope you found our first three weeks of video chats to be helpful and informative. Due to popular demand, we are continuing this series of quick and bite-sized video chats, where our employment partners team up with practitioners in various areas of law to discuss the most pressing issues for employers navigating the return…
With special thanks to our Australian colleagues Michael Michalandos and Carmel Foley for this post.
This briefing contains a summary of everything an employer in Australian needs to know about the operation of the award system.
Why this is important?
We have prepared this briefing because there has been a high incidence of employers in the information technology industry failing to have regard to the application of modern awards in their workforce or misunderstanding how these awards operate. In particular, many employers have issued employment contracts which do not identify the applicable award and do not contain provisions which comply with the award.
This may result in a potentially serious compliance issue which could cost the business a significant amount of money in terms of back-payments, penalties, and potential reputational damage.
What is an award?
Modern awards (or, simply, “awards”) are industrial instruments created by the Fair Work Commission (FWC) that set and regulate minimum terms and conditions of employment for certain employees in Australia. Currently, there are 122 awards and almost all businesses in Australia will employ award-covered employees. Awards operate in a similar way to legislation and their application can only be circumvented in very limited circumstances.
Who do awards cover?
Awards generally fall into one of two categories: “industry awards” or “occupational awards.” Some awards apply on both an industry and occupational basis, for example the Professional Employees Award 2010 (Professional Employees Award) which, for example, covers engineers on an occupational basis but also covers employers operating in the “information technology industry” (as defined) on an industry basis.
As the COVID-19 pandemic stretched across the globe, companies shifted to remote working environments and many reduced staff, all without much of an opportunity to prepare. The past two months have presented a serious threat to data security, including the most vulnerable financial data, personal data of employees and customers, and trade secrets. These risks cut across all sectors — financial services, industrial manufacturers, health care, and professional services. Recent experience confirms that an effective information security strategy should target these most-common threats: phishing, data sprawl, and employee mobility/redundancies.
How to Protect Your Company
Take a holistic approach to threat mitigation and data loss prevention in the face of increased risks. Such an approach must account for data protection, intellectual property (including trade secrets), and employment law. Here are the action items in these uncertain times to help address and mitigate the legal and regulatory risks:
The way we work has been permanently transformed by the rapid deployment of a largely remote workforce during the shelter-in-place. Threats to companies’ most valuable confidential data have not merely increased — an entirely new set of legal and technical risks to trade secrets have emerged over the last 90 days that are fundamentally different…