The Fair Work Act 2009 (Cth) (“FWA”) provides that amounts payable to employees in relation to the performance of work must be paid in full and at least monthly. (1) These amounts for a relevant pay period include incentive-based payments and bonuses, loading, monetary allowances, overtime or penalty rates and leave payments. Issues can arise [...]
In recent times many have written on the lengths the Australian Taxation Office (ATO) has gone to protect its officers that have erred, in particular with the extensive use of confidentiality clauses in the settlements it reaches with aggrieved taxpayers The Tax Office and the Expensive Muzzle on Complaints. However if you believe you have [...]
A recent case before the Fair Work Commission (‘FWC’) in Sydney has put employers on notice that they should have arrangements in place to ensure alcohol is served responsibly and employees are sufficiently supervised at work functions where alcohol is served. In Stephen Keenan v Leighton Boral Amey NSW Pty Ltd [2015] FWC 3156, Vice [...]
The commencement of the Powers of Attorney Act 2014 (Vic) (‘POA Act’) on 1 September 2015 will see some significant changes to the current laws which regulate this area. WHAT IS A POWER OF ATTORNEY? A Power of Attorney is a written legal document under which a person (‘the Principal’) who has the capacity to [...]
As foreshadowed in our 18 November 2014 tax bulletin, amendments in relation to employee share scheme (ESS) tax liabilities have been enacted with effect from 1 July 2015. Excitingly in relation to Start-Ups, the ATO has just published a Legislative Instrument (and Explanatory Statement) relating to the methods for valuing unlisted ESS shares , which [...]
In the recent case of M v Westpac Banking Corporation [2015] the Fair Work Commission has indicated to employers and employees alike that dismissal can be justified due to the various ramifications which may arise as a result of an office affair. In this case, the Commission ultimately rejected the applicant’s unfair dismissal application against [...]
We are pleased to introduce to you our Winter 2015 Newsletter. There is an excellent selection of recent legal developments in the areas of Commercial Law, Employment Law, Intellectual Property, Property, Sports Law, Litigation and taxation included. The weather is getting cold and it is a good time to catch up on the issues that [...]
By Robert Gordon TEP STEP Adelaide 30 April 2015 1 PRÉCIS Increasingly, clients are holding assets in multiple jurisdictions. This may be driven by a number of factors, such as taxation (direct and inheritance), forced heirship or testators family maintenance legislation, asset protection concerns, including liability under family law and bankruptcy legislation. It is [...]
The Australian Consumer Law (ACL) and the Australian Securities and Investments Commission Act 2001 (ASIC Act) both include unfair contract term protections, however currently these protections are only afforded to consumers and not businesses. What is an Unfair Contract Term? An unfair term is defined as a term that: Causes a significant imbalance in the [...]
Do you engage owner-drivers in your business? If so, you should be aware of the Victorian Government’s owner-driver legislative scheme, which comprises: Owner Drivers and Forestry Contractors Act 2005 (the Act) Owner Drivers and Forestry Regulations 2006 (Regulations) Owner Drivers and Forestry Contractors Code of Practice (Code of Practice) Why? The Act was enacted in [...]
