👋 G’day

Welcome back to another day of insights

Today’s brief:

  • WFH—a preference or a necessity?

  • YouTube loses under-16 exemption

  • Minters & HWLE promotes

Here’s your latest 👇

PRACTICE POINTS

FWC draws WFH line

  • The FWC has drawn a line between WFH preference and necessity in two recent cases:

    • In TAE Aerospace v Vanner, the employee’s substantive role in Brisbane was made redundant. The company offered redeployment to a Melbourne-based role with permanent full-time remote work. But Vanner had flagged that remote work didn’t suit his family responsibilities. The FWC found the new role unacceptable, citing changes in location, bonus entitlements and seniority. Redundancy pay stood.

    • In Mater v Tyler, the employee refused a similar in-office role, citing a personal preference to WFH two days a week to manage study. But the FWC found she had no formal remote work entitlement, only an informal past arrangement. The employer had discretion, and the new role matched her pay, hours and seniority. The FWC deemed it acceptable alternative employment—redundancy pay was reduced to nil: Kingston Reid

  • ASIC can’t prosecute “greenwashing” as a standalone offence, but it's hitting firms hard under existing powers. And the sting goes beyond fines. In recent wins against Vanguard ($12.9m), Mercer ($11.3m) and LGSS ($10.5m), the court also ordered adverse publicity notices, forcing companies to publicly own up to misleading claims. These orders serve three purposes: punishment, deterrence, and correcting the public record. For ESG-heavy brands, the reputational hit can rival the financial one. If you’re making environmental claims, you better be able to back them up or risk being publicly named, shamed and penalised: Piper Alderman

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  • Post-COVID, the Aussie private M&A market has swung in favour of buyers, with completion accounts now the go-to mechanism over locked-box models. Buyers prefer the control, adjusting the price post-completion to reflect actual debt, cash and working capital. But these clauses can quickly become dispte magnets. To reduce blow-ups, sellers should insist on a detailed pro forma completion statement, set clear target working capital, and lock in the accounting principles. Pre-agreed estimated adjustment amounts can help smooth settlement, especially where there’s a long gap between signing and completion: Hamilton Locke

WORD ON THE STREET

Firms trial agentic AI

  • HSF Kramer, Ashurst and Allens are trialling agentic AI. That’s a new breed of tools that act like junior lawyers, breaking down complex tasks and adapting as they go. Ashurst says if accuracy jumps, it’ll be a game changer for complex doc reviews. But leaders warn: while the tech’s evolving fast, governance guardrails are non-negotiable: Capital Brief

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  • MinterEllison has promoted 12 new partners across legal and consulting, boosting capability in sectors like energy, health, infra and real estate. That's 3 more partner promos than last year. CEO Virginia Briggs says the move reflects the firm’s commitment to a diverse partnership: MinterEllison

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  • Nicholas Boyle has joined White & Case in Sydney from Bird & Bird, bolstering its global IP and tech bench. His expertise in IT, cyber and data is a key asset for M&A, project finance and data centre work. It’s also part of W&C’s push to grow its Aussie M&A team, following the arrivals of Aaron Kenavan and Jamie Palmer: White & Case

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  • Promotion season keeps on delivering. HWLE has promoted 96 staff and 6 partners. The firm now boasts 276 partners and over 1,700 staff across nine offices. CEO Kris Hopkins says the move reflects HWLE’s push to back internal talent and offer clear growth pathways, especially across insurance, corporate and litigation: HWLE

TALKING POINTS

Travellers stranded

  • A Trump-brokered ceasefire between Israel and Iran barely got off the ground before it crumbled. Israel claims Iran launched fresh strikes post-agreement and has vowed “high-intensity” retaliation. The truce was meant to end 12 days of fighting. Meanwhile, air travel across the Middle East is in chaos. Travellers in Doha and Dubai have been stranded, sleeping on terminal floors with conflicting updates and mid-air diversions. ATIA warns Aussies not to cancel their own flights, or they risk losing refund rights: The Daily Aus, ABC News

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  • Chalmers is fending off state brawling over GST splits, as Queensland claims it’s losing $2bn next year alone. NSW and Victoria want GST handed out per head, which would gut smaller states’ funding unless the feds top it up. With an August reform roundtable looming, Chalmers wants “realistic” ideas, not “state or sectoral squabbling”. Oh, and it can’t blow out the budget: AFR

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  • Rabobank says it’s guns or butter. Australia’s stuck in a geopolitical squeeze, trying to ramp up defence without rattling China. Rabobank says it’s social spending or defence. And for now, we’re choosing “butter” (social spending), but have the fiscal room to swing towards “guns”. The nightmare scenario? Being caught in the middle of a US vs China bloc. Perhpas, por qué no los dos? Bloomberg

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THE TREASURY

ASX as at market close. Commodities and crypto in USD.

DEAL ROOM

Xero payments play

  • Xero: is buying US payments platform Melio for $3.9bn, funding it with a monster $1.85bn placement, $555m in scrip, and $1bn in cash and credit. The move doubles down on US growth, with Melio’s CEO now running Xero’s American ops. Deal expected to close in six months: Capital Brief

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  • Scape: backed by South Korea’s NPS, is buying Brookfield-owned Aveo for $3.85b, one of the biggest direct real estate deals in Aussie history. The deal folds Scape’s student, BTR and retirement assets under a new banner: The Living Company. Clifford Chance acted for Scape while Allens repped Brookfield on the exit: AFR

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  • Virgin Australia and Greatland Resources: soared on debut—Virgin up 11.4%, Greatland 10.6%—rekindling hopes for an IPO revival. But retail punters were mostly shut out, with just 10% of Virgin’s $685m raise going their way. The buzz now? Eyes on Greencross, Australian Venue Co, and Estia: The Australian

Some Wednesday wisdom for you…

“It does not matter how slowly you go as long as you do not stop"

- Confucius

SECTOR SPECIFIC

Albo bans YouTube

🚜 DIGGERS
  • Rio Tinto and Gina Rinehart will jointly sink $2.47bn into the Hope Downs 2 iron ore project, with first production slated for 2027. The deal marks a heritage-sensitive comeback post-Juukan Gorge, backed by three traditional owner groups. It’s part of Rio’s bid to replace declining Pilbara grades and lock in future output: The Australian

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  • Executives from Abu Dhabi’s XRG are flying into SA this week to kick off due diligence on the $30bn Santos bid, with a confidentiality deed expected to be inked. HSF Kramer, Goldman, Rothschild and J.B North are repping Santos. Despite FIRB concerns, Barrenjoey says approval odds are strong: The Australian

🏦 FIN
  • As CBA becomes the Aussie magnificent one, UBS has slapped a sell rating on ANZ, saying new CEO Nuno Matos is likely to slash dividends by 25% to shore up capital. That'd make ANZ the only big four bank with a sell tag from a major broker. Despite being the cheapest of the majors, UBS says it could get cheaper still. ANZ shares dropped 1.5% to $27.97: AFR

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  • The Australian Conservation Foundation says major banks are linked to deforestation, based on satellite imagery across 100 locations. NAB and CBA were tied to clearing in key biodiversity zones. None of the big four have set deforestation targets under the Net Zero Banking Alliance, prompting fresh scrutiny from investors and environmental groups: AFR

🏠 RETAIL & REAL ESTATE
  • Aldi’s dropped prices by 1% across dozens of items to keep its crown in a home brand price war. Woolies is throwing $100m at cuts to win back market share, with Coles close behind. JPMorgan says Woolies prices are still 8.6% higher than Aldi, and Coles is 8.2% pricier—but the gap’s closing fast: AFR

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  • Treasury Wine says Penfolds profits will soften in FY26, but there’ll be no discounts, even with weaker demand for Grange and Bin 707. $327m in share buybacks and a $10m spend on China are on the cards. It’s cheaper wine labels like 19 Crimes and Squealing Pig will be carved out into a new division, “Treasury Collective”: The Australian

📱 TECH & STARTUPS
  • The Albanese gov will ditch YouTube’s exemption from the under-16 social media ban, following eSafety advice that it’s the top source of harmful content. Despite its edu benefits, 76% of 10–15yos use it and 37% of harm reports trace back to it. Platforms now face $50m fines unless they enforce a strict 16+ age limit by year’s end: AFR

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  • Canva's running its own $500m secondary, dropping Goldman and Morgan after hiring ex-Zoom IPO CFO Kelly Steckelberg. It’s not entirely uncommon for startups to handle equity sales internally. Airtree’s Craig Blair says they’ll buy in, calling Canva a “generational, defining company” with massive AI upside. Valuation? Still holding strong at $37bn: Capital Brief

Till next time,

-Team PB

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