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Changes to the Unfair Contract Terms regime

On November 9, 2023, the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 was enacted in Australia, introducing significant changes to the unfair contract terms (UCT) regime under the Australian Consumer Law. The legislation now imposes substantial financial penalties on businesses that include unfair terms in their standard form contracts, with potential fines up to $50 million, three times the benefit obtained, or 30% of adjusted turnover during the breach period if the benefit is indeterminable. Additionally, the UCT regime's scope has been expanded to include more small businesses and provides clearer guidelines on what constitutes a standard form contract and the application of terms.

Check your Employment Contracts have these 5 clauses

A probationary period is an important time used by employers to assess if employees are suitable for the role and business and determine whether the employment relationship should continue.

Incorporation of Policies into Employment Contracts

Employee policies often called an employee manual, is a document given to the employees which outlines your company’s policies, culture and expectation of behaviour and work. Employee policies commonly include a code of conduct, health and safety, hours of work, leave provisions, redundancy, training and development and termination policies.

Do employees owe fiduciary duties to their employer?

Just as employers owe fiduciary duties to their employees’, employees owe fiduciary duties to their employer. These include the duty of loyalty and the duty not to profit. The recent High Court case, Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd, also recognised that a third party who knowingly assists in a breach of fiduciary duty between an employee and employer, has too, committed an equitable wrong.

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