The Positive Duty on Employers to Eliminate Sexual Harassment
The positive duty was introduced into the Sex Discrimination Act 1984 (Cth) (SDA) in December 2022 and was a key recommendation of the Australian Human Rights Commission’s (Commission) landmark Respect@Work Report in 2020 led by former Sex Discrimination Commissioner Kate Jenkins. Organisations and businesses now have a positive [...]
Privacy Act – Reform is on the Way
The Federal Government Attorney- General’s Department released its much anticipated Privacy Act Review Report[1] this year (“Review”), foreshadowing sweeping changes to privacy legislation in Australia. While the digital age has generated benefits such as new efficiencies, consumer convenience and employment opportunities, [2] it has also resulted [...]
Prescriptions for Payroll Tax: Navigating Payroll Tax Liability in Medical Practice Agreements
Medical practice owners should be aware that agreements entered into with medical practitioners for the use of shared administrative and medical support services as well as the use of rooms may attract payroll tax liability. On 14 March 2023, the NSW Supreme Court of Appeal [...]
Troubling Waters; Navigating the Australian Superannuation Guarantee Landscape: Recent Legal Issues for Employers (and Workers)
Our Taxation team at Pointon Partners are often asked to advise on whether employers are obliged to pay superannuation for the services of a contractor for the purposes of the Superannuation Guarantee Act when a dispute has arisen. This has been highlighted by recent ATO [...]
Earn-out Clause – a feature of today’s M & A environment
Earn-out clauses are progressively becoming a common feature of sale of business or company sale transactions. Earn-out clauses can be attractive to both the buyer and seller as they breach the gap in the sale price between the parties. However, there are various risks associated [...]
A MOTHER-load of Oppositions: Energy Beverages Successfully Opposes Application for KANGAROO MOTHER
A recent Federal Court decision between the owners of the MOTHER Mark and Kangaroo Mother Australia provides guidance for prospective trade mark owners on what to consider before applying for a trade mark. Background Energy Beverages (EB) is a supplier of energy drinks for the [...]
Out of the Office, Out of a Job: Unauthorised Remote Work Arrangement Constitutes Valid Dismissal
Flexible working arrangements are becoming increasingly important for organisations attempting to access talent, boost productivity and to improve the work/life balance for employees. Recently, the Fair Work Commission rejected an employee’s claim that she was unfairly dismissed as she was working remotely without her employer’s [...]
Rural Pharmacy Australia Conference – September 2023
Our Partner Michael Bishop was thrilled to present to the inaugural Rural Pharmacy Australia Conference on the Gold Coast over the weekend. He presented on the following topics: Sale of Business; Partnership Agreements; and Unfair Dismissal Claims. You can access the slide from the presentaton [...]
Working Hard or Hardly Working at Home? – Unfair Dismissal Claim Falls Short
Working Hard or Hardly Working at Home? – Unfair Dismissal Claim Falls Short With the work environment progressively adopting a hybrid approach, it is crucial that employers recognise that employee responsibilities remain consistent both when working remotely and in the office. Early last month a [...]
Australia-UK FTA unleashes exciting opportunities for Australian businesses
The highly anticipated Australia-United Kingdom Free Trade Agreement (A-UK FTA) came into force on 31 May 2023. [1] The A-UK FTA is one of the most comprehensive and innovative free trade agreements Australia has signed to date, opening up a wealth of opportunities for Australian [...]