In the seventh and final episode for 2024 of our Industrious Conversations series, Ashurst’s Ian Humphreys and Peter McNulty explain how Closing the Loopholes changes are shifting the enterprise bargaining landscape under the Fair Work Act.

Drawing on insights from Ashurst's soon to be released 2024 Bargaining Trends Survey, Ian and Peter cover key reforms to the bargaining process, including the increased power of unions to initiate bargaining, changes to the Better Off Overall Test (BOOT) and its impact on agreement approvals, and the introduction of the intractable bargaining regime, which allows the Fair Work Commission to intervene in deadlocked negotiations.

This episode also provides strategies for employers to adapt to this complex environment, emphasising the importance of thorough preparation and skilled negotiation.

To hear all episodes in the Industrious Conversations 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 seventh and final episode for 2024 of our Industrious Conversations series, Ashurst’s <a href="https://www.ashurst.com/en/people/ian-humphreys/">Ian Humphreys</a> and <a href="https://www.ashurst.com/en/people/peter-mcnulty/">Peter McNulty</a> explain how <a href="https://www.ashurst.com/en/insights/closing-loopholes-no2-bill-passes-the-latest-industrial-relations-reforms/">Closing the Loopholes changes</a> are shifting the enterprise bargaining landscape under the Fair Work Act.
Drawing on insights from Ashurst's soon to be released 2024 Bargaining Trends Survey, Ian and Peter cover key reforms to the bargaining process, including the increased power of unions to initiate bargaining, changes to the Better Off Overall Test (BOOT) and its impact on agreement approvals, and the introduction of the intractable bargaining regime, which allows the Fair Work Commission to intervene in deadlocked negotiations.
This episode also provides strategies for employers to adapt to this complex environment, emphasising the importance of thorough preparation and skilled negotiation.
To hear all episodes in the Industrious Conversations 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.

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

In the final episode of our Industrious Conversations series for 2024, we explore the latest shifts in Australia's enterprise bargaining landscape under the Fair Work Act, with practical insights and strategies for employers adapting to the new challenges.

Industrious Conversations: The rebalancing of Australia's industrial relations system under Closing the Loopholes 

In the wake of the government’s recent infrastructure announcements, we pinpoint the legal issues to watch out for in real estate.

The coming year will see widespread activity in the UK’s real estate asset classes, from logistics to the living sector (in its broadest sense), and from data centres to office space. In this episode, we discuss the legal changes, risks and trends to keep on your radar.

Together, Ashurst’s Alison Murrin and Richard Vernon reflect on market sentiment, government plans to deliver 1.5 million homes and fast-track major infrastructure projects, and how key asset classes, legislative developments, and sustainability goals (e.g. energy efficiency, decarbonisation, etc) may evolve.

Episode talking points include:

·         Logistics: Demand will be further fuelled by the shift to e-commerce and onshoring production, but hurdles will include site availability and housing pressure on brownfield sites.

·         Living sector: Despite government support for build-to-rent schemes and funding initiatives, the UK’s chronic housing undersupply appears set to continue. And challenges such as retrofitting older homes will loom large.

·         Data centres: Exponential growth will expose land and power shortages, alongside sustainability challenges, influenced by new EU energy reporting standards.

·         Offices: Sustainability will separate prime-grade offices from outdated stock, with retrofitting lagging behind targets to meet net-zero ambitions.

·         Legal hot topics: Proposed commonhold reforms, high street revitalisation efforts, biodiversity net gain mandates, the Renters’ Rights Bill abolishment of no-fault evictions, cladding safety, decarbonisation, and more.

To listen and subscribe to this podcast, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.

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 wake of the government&rsquo;s recent infrastructure announcements, we pinpoint the legal issues to watch out for in real estate.
The coming year will see widespread activity in the UK&rsquo;s real estate asset classes, from logistics to the living sector (in its broadest sense), and from data centres to office space. In this episode, we discuss the legal changes, risks and trends to keep on your radar.
Together, Ashurst&rsquo;s <a href="https://www.ashurst.com/en/people/alison-murrin/">Alison Murrin</a> and <a href="https://www.ashurst.com/en/people/richard-vernon/">Richard Vernon</a> reflect on market sentiment, government plans to deliver 1.5 million homes and fast-track major infrastructure projects, and how key asset classes, legislative developments, and sustainability goals (e.g. energy efficiency, decarbonisation, etc) may evolve.
Episode talking points include:
&middot;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Logistics:&nbsp;Demand will be further fuelled by the shift to e-commerce and onshoring production, but hurdles will include site availability and housing pressure on brownfield sites.
&middot;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Living sector:&nbsp;Despite government support for build-to-rent schemes and funding initiatives, the UK&rsquo;s chronic housing undersupply appears set to continue. And challenges such as retrofitting older homes will loom large.
&middot;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Data centres:&nbsp;Exponential growth will expose land and power shortages, alongside sustainability challenges, influenced by new EU energy reporting standards.
&middot;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Offices:&nbsp;Sustainability will separate prime-grade offices from outdated stock, with retrofitting lagging behind targets to meet net-zero ambitions.
&middot;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Legal hot topics: Proposed commonhold reforms, high street revitalisation efforts, biodiversity net gain mandates, the Renters&rsquo; Rights Bill abolishment of no-fault evictions, cladding safety, decarbonisation, and more.
To listen and subscribe to this podcast, search for &lsquo;Ashurst Legal Outlook&rsquo; on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit <a href="https://www.ashurst.com/podcasts">ashurst.com/podcasts</a>.
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.

These legal forces will shape the UK’s real estate landscape in 2025

Season 2 of our regulatory enforcement mini-series kicks off by considering what the 2025 priorities are (and should be) for the UK's Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA).

With a busy year ahead for the PRA and FCA, this episode highlights some of the issues and trends that financial services firms should watch out for. For this episode, host Nathan Willmott is joined by his Ashurst colleague Adam Jamieson and special guest Saima Hanif KC, a barrister at 3 Verulam Buildings (3VB).

Together, they discuss the Upper Tribunal’s packed caseload and the challenges for barristers and individuals seeking to argue these cases, including the impact of certain judges and the FCA's new strategy on disclosure.   They also reflect on the FCA’s focus on speeding up investigations and streamlining its portfolio, consider how investigations  are prioritised, and question whether or not it’s appropriate for the FCA to have a target for the proportion of investigations closed with no action.

The conversation also tackles the vexed issue of the FCA’s penality-setting framework and what might be learned from the PRA’s approach. And finally, our expert panel flags up other issues that will shape 2025, such as the FCA’s revised proposals for naming and shaming (to be revisited in detail in a future episode), the rules around non-financial misconduct, and the prospect of a first  Consumer Duty case.

To listen to this and subscribe to future episodes in our enforcement mini-series, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.

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.

Season 2 of our regulatory enforcement mini-series kicks off by considering what the 2025 priorities are (and should be) for the UK's Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA).
With a busy year ahead for the PRA and FCA, this episode highlights some of the issues and trends that financial services firms should watch out for. For this episode, host <a href="https://www.ashurst.com/en/people/nathan-willmott/">Nathan Willmott</a> is joined by his Ashurst colleague <a href="https://www.ashurst.com/en/people/adam-jamieson/">Adam Jamieson</a> and special guest <a href="https://3vb.com/barrister/saima-hanif-kc/">Saima Hanif KC</a>, a barrister at 3 Verulam Buildings (3VB).
Together, they discuss the Upper Tribunal&rsquo;s packed caseload and the challenges for barristers and individuals seeking to argue these cases, including the impact of certain judges and the FCA's new strategy on disclosure. &nbsp;&nbsp;They also reflect on the FCA&rsquo;s focus on speeding up investigations and streamlining its portfolio, consider how investigations &nbsp;are prioritised, and question whether or not it&rsquo;s appropriate for the FCA to have a target for the proportion of investigations closed with no action.
The conversation also tackles the vexed issue of the FCA&rsquo;s penality-setting framework and what might be learned from the PRA&rsquo;s approach. And finally, our expert panel flags up other issues that will shape 2025, such as the FCA&rsquo;s revised proposals for naming and shaming (to be revisited in detail in a future episode), the rules around non-financial misconduct, and the prospect of a first &nbsp;Consumer Duty case.
To listen to this and subscribe to future episodes in our enforcement mini-series, search for &lsquo;Ashurst Legal Outlook&rsquo; on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit <a href="https://www.ashurst.com/podcasts">ashurst.com/podcasts</a>.
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.

Season 2, episode 1:  What's on the horizon for FCA and PRA Enforcement in 2025?

In this episode, we hear from employment lawyers in Australia, Singapore, Indonesia and the UK. Together they describe and compare the industrial relations landscapes in their respective countries – and reflect on what UK employers can learn from these.

Host Crowley Woodford reflects on the potential impacts of the UK’s long-awaited Employment Rights Bill, which is shaping up to be one of the most ambitious reforms to trade union rights since the 1980s. Crowley breaks down some of the main changes which pave the way for greater union involvement, and he pinpoints issues that UK employers should watch out for.

Peter McNulty offers his take on how Australian employers have responded to recent changes to the Fair Work Act, including the process and dynamics of bargaining for agreements. Karen Mitra describes Singapore’s uniquely non-adversial approach to union/employer relationships where strike action is rare, and explains new rights to union representation for gig workers. And Norman Ibnuaji shares  perspectives from Indonesia, where unionisation is relatively high among workers and industrial action is more common.

To listen to this and previous epsiodes in our biannual World@Work series, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.

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 episode, we hear from employment lawyers in Australia, Singapore, Indonesia and the UK. Together they describe and compare the industrial relations landscapes in their respective countries – and reflect on what UK employers can learn from these.
Host <a href="https://www.ashurst.com/en/people/crowley-woodford/">Crowley Woodford</a> reflects on the potential impacts of <a href="https://www.ashurst.com/en/insights/the-long-awaited-employment-rights-bill-is-published-what-actions-do-employers-need-to-take/">the UK’s long-awaited Employment Rights Bill</a>, which is shaping up to be one of the most ambitious reforms to trade union rights since the 1980s. Crowley breaks down some of the main changes which pave the way for greater union involvement, and he pinpoints issues that UK employers should watch out for.
<a href="https://www.ashurst.com/en/people/peter-mcnulty/">Peter McNulty</a> offers his take on how Australian employers have responded to recent changes to the Fair Work Act, including the process and dynamics of bargaining for agreements. <a href="https://www.ashurst.com/en/people/karen-mitra/">Karen Mitra</a> describes Singapore’s uniquely non-adversial approach to union/employer relationships where strike action is rare, and explains new rights to union representation for gig workers. And <a href="https://www.ashurst.com/en/people/norman-ibnuaji/">Norman Ibnuaji</a> shares  perspectives from Indonesia, where unionisation is relatively high among workers and industrial action is more common.
To listen to this and previous epsiodes in our biannual World@Work series, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit <a href="https://www.ashurst.com/podcasts">ashurst.com/podcasts</a>.
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.

Industrious Conversations: The rebalancing of Australia's industrial relations system under Closing the Loopholes

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