In the second episode of Industrious Conversations, Employment Partners Julia Sutherland and James Hall discuss strategies for managing protected action ballot orders (PABOs) and protected industrial action (PIA) arising from recent amendments under the Secure Jobs, Better Pay Act.

"We're seeing that even though the legal changes are relatively minor, the practical implications for employers navigating industrial action are significant," notes James Hall during the episode.
Key discussion points include:
The introduction of section 448A conferences, where bargaining representatives must attend a Fair Work Commission meeting before voting on PABOs.
Insights into early cases involving multi-employer agreements and PABOs.
How employers can navigate the PABO process strategically and the importance of preparation.

For more insights into key developments in Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.

The information provided is not intended to be a comprehensive review of all developments in the law and practice or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

In the second episode of Industrious Conversations, Employment Partners Julia Sutherland and James Hall discuss strategies for managing protected action ballot orders (PABOs) and protected industrial action (PIA) arising from recent amendments under the Secure Jobs, Better Pay Act.
"We're seeing that even though the legal changes are relatively minor, the practical implications for employers navigating industrial action are significant," notes James Hall during the episode.
<ul>
<li>Key discussion points include:</li>
<li>The introduction of section 448A conferences, where bargaining representatives must attend a Fair Work Commission meeting before voting on PABOs.</li>
<li>Insights into early cases involving multi-employer agreements and PABOs.</li>
<li>How employers can navigate the PABO process strategically and the importance of preparation.</li>
</ul>
For more insights into key developments in Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

The commercial world is always changing and the legal landscape never stands still. Keeping pace with all those changes, and knowing how they affect your organisation, is a big responsibility and a challenging task. Ashurst Legal Outlook will keep you at the forefront of the most pressing legal issues, offering insights from legal experts across our international network.

The commercial world is always changing and the legal landscape never stands still. Keeping pace with all those changes, and knowing how they affect your organisation, is a big responsibility and a challenging task. Ashurst Legal Outlook will keep you at the forefront of the most pressing legal issues, offering insights from legal experts across our international network.

A podcast series that will keep you across the global trends and local issues that are shaping the legal landscape and impacting organisations.

Ashurst Legal Outlook Podcast

Ashurst Legal Outlook

New Fair Work amendments are reshaping industrial relations in Australia. Find out about the strategies for managing protected action ballots and what they mean for your business.

Industrious Conversations: Key changes and practical tips on protected action ballot orders

In the fifth episode of our Industrious Conversations series, Ashurst’s Jane Harvey and Elissa Speight explain how Closing The Loophole changes are strengthening protections for workers who are not employees, and extending the scope of the Fair Work Commission to intervene in workforce matters.

As Jane and Elissa point out, the reforms impact independent contractor arrangements in several ways. Their conversation highlights changes relating to the classification of a worker as an employee or contractor, the introduction of a new unfair contract terms jurisdiction, and changes to the defences available where a sham contracting claim is made.

Jane and Elissa also outline how the changes may impact employers and suggest several practical ways employers can respond to these changes. This includes thoroughly reviewing contractor engagements, updating contract templates, training managers to mitigate the risk of misclassification under the new framework, and more.

To hear further episodes in Industrious Conversations, our series on Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

In the fifth episode of our Industrious Conversations series, Ashurst’s <a href="https://www.ashurst.com/en/people/jane-harvey/">Jane Harvey</a> and <a href="https://www.ashurst.com/en/people/elissa-speight/">Elissa Speight</a> explain how <a href="https://www.ashurst.com/en/insights/closing-loopholes-no2-bill-passes-the-latest-industrial-relations-reforms/">Closing The Loophole changes</a> are strengthening protections for workers who are not employees, and extending the scope of the Fair Work Commission to intervene in workforce matters.
As Jane and Elissa point out, the reforms impact independent contractor arrangements in several ways. Their conversation highlights changes relating to the classification of a worker as an employee or contractor, the introduction of a new unfair contract terms jurisdiction, and changes to the defences available where a sham contracting claim is made.
Jane and Elissa also outline how the changes may impact employers and suggest several practical ways employers can respond to these changes. This includes thoroughly reviewing contractor engagements, updating contract templates, training managers to mitigate the risk of misclassification under the new framework, and more.
To hear further episodes in Industrious Conversations, our series on Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

Continuing our exploration of Australia’s Closing the Loopholes changes, this episode zooms in on the impacts of independent contractor arrangements.

Industrious Conversations: How Closing the Loopholes affects contractors

Following Ashurst’s recent conference, three experts regroup to pick out the most pressing trends and risks stemming from class actions in the UK.

Jon Gale, partner at Ashurst’s Dispute Resolution practice in London, is joined by colleagues Tim West and Sarah-Jane Dobson to reflect on the highlights from the firm's recent class actions conference. Together, they discuss the evolving landscape of class actions including litigation funding, competition claims, and more.

The conference showcased an array of experts including clients, claimant law firms, barristers, and funders. One highlight was the keynote speech from Mr Justice Robin Knowles CBE, who stressed the essential role of class actions in the legal system and the permanence of commercial funding in such claims.

In the podcast, Tim stresses the importance of understanding class actions from a client’s perspective, emphasising that these cases (and the associated risks) often attract C-suite attention. He also discusses the rising prevalance of environmental, social, and governance (ESG) concerns, with potential class actions arising from the gaps between corporate promises and practices.

Sarah-Jane discusses the varied treatment of class actions across sectors, particularly in competition and product liability cases. She anticipates a further rise in class actions, especially in sectors like life sciences and consumer protection.

The trio also explore litigation funding, discussing the significance of external financial backing for large class actions and the impact of the Supreme Court’s recent PACCAR ruling on funding structures.

To hear more episodes on class actions and a range of other subjects, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

Following Ashurst’s recent conference, three experts regroup to pick out the most pressing trends and risks stemming from class actions in the UK.
<a href="https://www.ashurst.com/en/people/jon-gale/">Jon Gale</a>, partner at <a href="https://www.ashurst.com/en/what-we-do/services/ashurst-legal/dispute-resolution/">Ashurst’s Dispute Resolution practice in London</a>, is joined by colleagues <a href="https://www.ashurst.com/en/people/tim-west/">Tim West</a> and <a href="https://www.ashurst.com/en/people/sarah-jane-dobson/">Sarah-Jane Dobson</a> to reflect on the highlights from the firm's recent class actions conference. Together, they discuss the evolving landscape of class actions including litigation funding, competition claims, and more.
The conference showcased an array of experts including clients, claimant law firms, barristers, and funders. One highlight was the keynote speech from Mr Justice Robin Knowles CBE, who stressed the essential role of class actions in the legal system and the permanence of commercial funding in such claims.
In the podcast, Tim stresses the importance of understanding class actions from a client’s perspective, emphasising that these cases (and the associated risks) often attract C-suite attention. He also discusses the rising prevalance of environmental, social, and governance (ESG) concerns, with potential class actions arising from the gaps between corporate promises and practices.
Sarah-Jane discusses the varied treatment of class actions across sectors, particularly in competition and product liability cases. She anticipates a further rise in class actions, especially in sectors like life sciences and consumer protection.
The trio also explore litigation funding, discussing the significance of external financial backing for large class actions and the impact of the <a href="https://www.ashurst.com/en/insights/litigation-trending-second-reading-in-the-house-of-lords-for-legislation-that-reverses-paccar/#:~:text=Key%20takeaways,Regulations%202013%20(DBA%20Regulations).">Supreme Court’s recent PACCAR ruling</a> on funding structures.
To hear more episodes on class actions and a range of other subjects, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

Following Ashurst’s recent conference, three experts regroup to pick out the most pressing trends and risks stemming from class actions in the UK.

UK class actions: What’s new, what’s changing and what’s coming next

In this, the fourth instalment of Industrious Conversations, Ashurst’s Jennie Mansfield and Jon Lovell detail the impact of Australia’s "Closing the Loophole" industrial relations changes on corporate transactions, offering critical insights into the practical impact of these developments.

The discussion centres on the commercial challenges introduced by these changes, particularly in relation to due diligence processes, labour hire, casual employment, and independent contractor arrangements. Jennie and Jon explain how these reforms affect deal-making and due diligence, where uncertainty around labour costs and employment models can complicate transactions. They also stress the importance of assessing a company's governance and systems for managing compliance, highlighting the risks of non-compliance and the significant penalties that may arise. Jon notes, "If compliance issues are identified, it's essential to have a clear program and strategy in place for remedying the non-compliance within a reasonable period following completion."

To hear more episodes in Industrious Conversations, our series on Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

In this, the fourth instalment of Industrious Conversations, Ashurst’s <a href="https://www.ashurst.com/en/people/jennie-mansfield/">Jennie Mansfield</a> and <a href="https://www.ashurst.com/en/people/jon-lovell/">Jon Lovell</a> detail the impact of Australia’s "Closing the Loophole" industrial relations changes on corporate transactions, offering critical insights into the practical impact of these developments.
The discussion centres on the commercial challenges introduced by these changes, particularly in relation to due diligence processes, labour hire, casual employment, and independent contractor arrangements. Jennie and Jon explain how these reforms affect deal-making and due diligence, where uncertainty around labour costs and employment models can complicate transactions. They also stress the importance of assessing a company's governance and systems for managing compliance, highlighting the risks of non-compliance and the significant penalties that may arise. Jon notes, "If compliance issues are identified, it's essential to have a clear program and strategy in place for remedying the non-compliance within a reasonable period following completion."
To hear more episodes in Industrious Conversations, our series on Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

This podcast provides practical advice for both vendors and buyers on addressing labour-related risks during corporate transactions while emphasising strategic planning and remediation to ensure compliance.

Industrious Conversations: Key changes and practical tips on protected action ballot orders

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