Changes to Flexible Working Arrangements take effect on 6 June 2023
Part of the substantial industrial relations reforms which were enacted by the Federal Parliament last December include changes to the rules around flexible working arrangements The Fair Work Act already had provisions that allow an employee to request a change to his or her working arrangements [...]
Private Ancillary Funds
In May or June as we near the end of the financial year we are commonly asked to establish private ancillary funds for clients. A private ancillary fund is a private philanthropic vehicle typically established and operated by a high net worth individual or family. [...]
Pointon Partners Seminar: Discretionary trusts now not so discretionary Landmark Victoria Court of Appeal case
Please join us where our Partner Michael Bishop and Senior Lawyer Jess Tomlinson discuss the case Owies v JJ Nominees Pty ltd [2022] VSCA 142 which dealt with: obligations on a trustee to inform itself as to the needs of beneficiaries; and consider those needs even If [...]
Unwrapping the Gift of Overtime: An Employer’s Right to Request Public Holiday Work
On 28 March 2023, a Full Federal Court decision has held that employers cannot rely on enterprise agreements or contracts requiring employees to work on public holidays. The case of CFMMEU v OS MCAP Pty Ltd [2023] FCAFC 51 has shown that contracts which “require” [...]
Pointon Partners Employment Law Seminar: Current Hot Issues in Employment Law
On Wednesday 29 March 2023, our employment team hosted a seminar on current hot issues in employment law today. The following topics were covered: Sexual Harrassment; Pay secrecy clauses; Fixed Term Contracts; and Flexible Working Arragements. If you have any queries regarding the above topics [...]
A DISCLAIMER SAVES THE DAY
A recent Queensland Court of Appeal decision shows the continuing utility of disclaimers on products despite legislative reforms narrowing the scope of their effectiveness. In Mallonland Pty Ltd & Anor v Advanta Seeds Pty Ltd[1] a class action was brought on behalf of commercial farmers against [...]
Buying or Selling a Business – Here are the top 5 things you should consider
Buying or selling a business is a major decision for both the seller and the buyer and can be a daunting and exciting process. Regardless of whether you are a seller or buyer, it is important you take into account a number of [...]
Replacing the Existing Leave Entitlement: Paid Family and Domestic Violence Leave
In Australia, the Fair Work Act 2009 (Cth) (FWA) grants employees various leave entitlements. One such entitlement involves section106A of the FWA which grants an employee five days of unpaid family and domestic violence leave each year. However, section 106A and other provisions relating to family [...]
Director Identification Numbers – Now in Force
Australian company directors are now required by law to apply for a director identification number (“director ID”). A director ID is a unique identifier given to an eligible officer who has verified their identified their identity with the Australian Business Registry Services (“ABRS”). The Corporations [...]
Employee Share Schemes – Eligible Start Up Concessions
In today’s tight labour market we continue to see interest from employer clients in establishing employee share schemes in order to retain, attract and incentivise talent. Perhaps the most straightforward of the schemes to create, administer and explain to staff is one relying upon the [...]