Increase in High Income Threshold
Unfair Dismissal Employers should be aware of certain changes regarding the unfair dismissal provisions. For the unfair dismissal provisions to apply, assuming the employee has completed the minimum period of employment, the employee must: Earn less than the high-income threshold; or Be covered by a [...]
Amendments to the FWA regarding Unpaid Parental Leave, Superannuation and Employee Deductions
Following the significant changes the Labor government enacted through the Secure Jobs Better Pay amendments to the Fair Work Act, employers should be aware of further changes to the Act. On 22 June, a Bill titled the Fair Work Legislation (Protecting Worker Entitlements) Bill 2023 [...]
HR Manager held liable and fined for breach of the Fair Work Act
In United Workers' Union v Bervar Pty Ltd [2022] FedCFamC2G 418, the Federal Circuit and Family Court of Australia (‘the court’) determined that a HR Manager was personally liable for his direct involvement in the Employer’s adverse action against an employee. The HR Manager was also [...]
From Stamp Duty to Tax: Major reform to stamp duty following the 2023-24 Victorian State Budget
On Tuesday 23 May 2023 the Victorian Treasurer, Tim Pallas, delivered the 2023-24 State Budget announcing a landmark reform to abolish stamp duty for commercial and industrial properties and introduce a new annual property tax. These changes are expected to take effect from 1 July [...]
Heavier Penalties and Stricter Laws Behind the Counter: An Update on New Child Employment Laws
Amidst the crackdown by the Victorian Child Employment Watchdog of several employers in respect for their breaches of child employment laws, employers should be aware of new child employment changes being introduced in Victoria on the 1st July 2023. The Child Employment (Amendment) Act 2022 [...]
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 [...]
VCAT decision provides clarity for retail landlords and tenants: Beware of mixed rent review clauses
VCAT’s recent decision in Q St Kilda Tenancy Pty Ltd v Kane (Building and Property) [2023] 75 provides helpful guidance for retail landlords and tenants concerning rent reviews and the operation of section 35(2) of the Retail Leases Act 2003 (Vic) (RLA). This case concerned [...]
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” [...]