Recently the Fair Work Ombudsman (the Ombudsman) has been investigating a spate of underpayment of wages and overtime claims (Claims) and has commenced investigations into these Claims and the businesses allegedly perpetrating them. Who is the Ombudsman and what are their powers when conducting an investigation? The Ombudsman is an [...]
Facts Proceedings were issued by a consultant, Christine Farnan, who had been engaged by two insurance brokers to provide services in respect of obtaining financial services licensing. When her engagement was terminated, Ms Farnan claimed that during the course of her consultancy, she was a common law employee of the [...]
If you are an employer, the recent decision of the Fair Work Commission (Commission) is likely to affect the way that you manage your staff. The Commission’s decision – 4 yearly review of modern awards – Casual employment and Part-time employment [2017] FWCFC 3541 – will affect 85 modern awards [...]
A bitter dispute over a restraint of trade clause has recently been settled between Herbert Smith Freehills lawyers (“Freehills”) and a cohort of its former partners, highlighting the importance of restraint clauses in the increasingly competitive market for legal services in Australia. Restraint clause challenged Once eight partners of Freehills [...]
Early May marked the first LAWorld conference for 2017 and showcased the picturesque city of Barcelona, Spain. Attendance peaked at a record high which ensured cultural diversity and with it, a broad representation of varying global perspectives. Discussions included topical legal issues such as Outbound/Inbound Business opportunities in the Asia [...]
From 1 July 2017, the high income threshold has increased to $142,000 per annum. What is the significance of the high income threshold? Under the Fair Work Act 2009 (FWA), an employee who is not covered by a modern award or enterprise agreement and whose ‘annual rate of earnings’ exceeds [...]
If you are a vendor or purchaser of an Australian property with a market value of $750,000 or more, the Government’s recent reforms to improve housing affordability may directly affect you. The Government announced, as part of the 2017-18 Budget, that purchasers of certain taxable Australian properties from foreign resident [...]
