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- WorkPac Pty Ltd v Rossato: Managing Your Casual Workforce
On 20 May 2020 a Full Bench of the Federal Court dismissed WorkPac's bid to overturn the 2018 Skene decision, and determined that another of its 'casual' employees, Mr Rossato, was not a casual employee and was entitled to be paid accrued leave and public holiday entitlements. A critical part of the decision is that attempting to offset these entitlements against the casual loading paid to an employee to compensate for not receiving these entitlements will likely fail ie the employee keeps the loading.
- Honesty (and diligence) still the best director policy
It is now well publicised that as part of the Coronavirus Economic Response Package Omnibus Act 2020 (Cth) directors will effectively be relieved from personal liability for insolvent trading if they can establish that a debt was incurred.
- Returning to work during the COVID-19 pandemic
The Australian Government has announced a three step plan for getting Australians back to work. Principal in this plan is the need for employers to implement a safe return to work plan. But what does this mean?
- COVID-19: Leases (Commercial and Retail) COVID-19 Emergency Response Declaration 2020 - ACT
*This information is accurate as of 4:00pm on 20 May 2020 and is subject to change as this situation evolves. On 7 April 2020, the National Cabinet issued a Mandatory Code of Conduct (the Code), which imposes a set of good faith leasing principles that apply to certain commercial tenancies experiencing financial stress or hardship because of the COVID-19 pandemic.
- COVID-19 (Australia): Guide to ACCC Approvals on Industry Collaboration
*This information is accurate as of Wednesday 20 May and is subject to change as this situation evolves. Welcome to our guide on industry collaboration approved by the Australian Competition and Consumer Commission (ACCC) due to COVID-19. Please see full Publication below for more information.
- Essential commercial leasing update: recent amendments to the South Australian COVID-19 Emergency Response Act
On 15 May 2020, the COVID-19 Emergency Response (Further Measures) Amendment Act 2020 (the Act) and the COVID-19 Emergency Response (Commercial Leases No. 2) Regulations 2020 (the Regulations) came into force in South Australia. The Act and the Regulations overhaul the initial legislative package released by the South Australian Government in April 2020 and provide for the regulation of commercial leases during the COVID-19 pandemic.
- Enterprise bargaining in the new world
As you will recall, the view of many is that enterprise bargaining in Australia has run its course. Essentially the view is that there’s little incentive for an employer to bargain (beyond avoiding harm to the business through a tumultuous bargaining campaign) nor for employees who, for some time, have only managed to extract very modest pay increases.
- COVID-19: (Australia) Beware and Behold: Grounded Events and ACL Obligations During COVID-19 Recovery
*This information is accurate as of 5.00 pm on Wednesday, 13 May 2020 and is subject to change as this situation evolves. IMAGINE FOR A MOMENT… … that you are a service provider. COVID-19 has resulted in a significant deterioration of your business and despite the beginnings of relaxation of restrictions, any real recovery is "way off".
- Can a pandemic provide an opportunity for restructuring and reinvention?
The ACNC has indicated that modifying or even temporarily halting your charity’s activities is a reasonable course of action to take. At this stage, your charity's priority should be the safety of staff and volunteers. This may mean that some or all of your charity's activities may need to be modified or even temporarily halted.
- Yes to virtual general meetings and electronic signing of documents
COVID-19 has had a huge impact on the way we work, but will it force us to introduce some changes for the better? The Australian Government has announced temporary relief, allowing general meetings to be held virtually and documents to be signed electronically. Could this be a trial for the new way of working in the future?
- Progress towards e-conveyancing
A new project has been launched designed to streamline conveyancing procedures through the use of an online system. The initiative is called ‘PEXA’ (Property Exchange Australia) and is projected to be operational nationwide in 2012. Electronic conveyancing will initially...
- Award Modernisation – What Does It Mean For Your Business?
The Australian Industrial Relations Commission (AIRC) is currently undergoing the process of creating a set of modern awards based upon broad industries and occupations, which will replace several thousand existing federal and state awards. These awards will operate from 1 January 2010 and will...
- Domain-Name Rights: Pursue Them or Lose Them, Arbitrator Rules
Domain-name registrants who sit on their rights rather than go after trademark infringers do so at their peril. In a case decided last July, an arbitrator for the World Intellectual Property Organization (WIPO) held that a foreign registrant’s bad-faith registration and continued use of an...
- Investment Management in Australia
Asset managers are increasingly looking to Australia as a source of growth and as a gateway to the Asia Pacific region. This overview will assist managers navigate the Australian regulatory landscape. Financial Services Licensing The Australian Securities and...
- ASX Issues "Code of Best Practice" for Reporting by Life Science Companies
The Australian Securities Exchange (ASX), after extensive industry consultation has just issued a revised "Code of Best Practice" for Reporting by Life Science Companies (Code). While adoption of the new Code is not mandatory, it provides a very useful tool for...
- What Will the End of the Carbon Tax and Start of Carbon Trading Mean?
Draft legislation1 released on 25 July 2013 proposes terminating the carbon tax and bringing forward carbon emissions trading to July 2014. This article sets out some key features of what the move to carbon emissions trading will mean....
- Financial Services Under a New Liberal Government
What can the Financial Services Sector Expect from the New Federal Government? "Son of Wallis" Inquiry - The incoming Coalition government has committed to conducting a comprehensive "root and branch" inquiry into the banking and...
- That's My Name, Don't Wear it Out!
The recent announcement that leading Australian fashion designer Alannah Hill has separated from the label that bears her name (while seeking to continue to work in the fashion industry), is yet another recent example of a "name" and a company parting ways. Another example of "brand...
- Fair Work Commission Dismisses Unfair Dismissal Claim Involving False Bullying Allegations
In handing down its recent decision in Hunter v The Commonwealth of Australia, represented by the Department of Sustainability, Environment, Water Population and Communities  FWC 7917 (Hunter v Commonwealth), the Fair Work Commission (Commission) has ruled that an employee's dismissal was not ...
- Safety First – Spotlight on Mandatory Safety Standards
The recent case of Director of Consumer Affairs Victoria v Dimmeys Stores serves as a timely reminder to businesses of the importance of adhering to product safety standards prescribed by the Australian Consumer Law (ACL)....