The Fair Work Commission’s (‘FWC’) anti-sexual harassment jurisdiction commenced on 11 November 2021. Section 789FF of the Fair Work Act 2009 (Cth) (‘FWA’) provides that the FWC may
Only a union official that holds a current right of entry permit can enter a workplace. Such a permit is issued by the Fair Work Commission in circumstances where it is satisfied that the relevant person is a “fit and proper person.” The Fair Work Commissions can revoke, suspend or impose conditions on a permit.
An award is a standard of minimum terms and conditions that apply to employees working in specific industries or occupations. Such additional details cannot be contracted out of and must be observed by an employer. Modern awards are the product of a complete re-organisation of the old state and federal award systems, and came into effect on 1 January 2010.
If you are considering terminating an employee’s employment without notice, you need to ensure that you have conducted a proper investigation, resulting in a sufficiently strong case against the employee, who is given an appropriate level of procedural fairness.
Sometimes a person engaged as a contractor may in law be an employee. The line that divides employees from contractors is grey and shifting. Application of Awards and unjust dismissal laws, pay and leave entitlements, and tax and insurance issues all depend on which status applies.
It is important to get the employment relationship right from the outset by clearly communicating to new employees the requirements of their job and the culture, practices and policies affecting the workplace. The most important written parts of this communication are the employment contract and workplace policies and procedures.
Strata refers to a system of ownership whereby a building is divided into portions known as ‘lots’. The building can be an apartment block, a complex of townhouses or villas, commercial offices and so on.
When you purchase real estate with a partner or spouse there are two ways in which your ownership of the property may be described: you can hold the property either as joint tenants, or as tenants in common.
Leasing premises is a major investment decision, whether you are a landlord or tenant. What many people don’t understand, however, is how complex a commercial lease can be and how it can be fraught with potential problems.
If you are a party to a construction contract or supply related goods and services under one, then the Building & Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) is relevant to you.
Is someone doing construction work for you? If you are a party to a contract under which construction work or related goods or services are being provided to you in NSW then the Building & Construction Industry Security of Payment Act 1999 (NSW) (the “Act”) affects you.
Allowing a company to trade while insolvent could have serious ramifications for individual directors. If a director is found to have knowingly allowed a company to trade while in financial difficulty, he/she could be held personally liable for the debts incurred to liquidators or creditors – and could even be found guilty of criminal action.
The PPSA is a single national law governing contractual security interests in personal property. The features of the PPSA include: a searchable national online register
Establishing a business is a challenging process. When two or more parties come together with a shared vision, it is common to focus on setting up the business in a logistical sense first and then selling and marketing the product or service.
Being appointed as a Director of a company is very important. Not only does it increase your personal day-to-day responsibilities, it also increases the responsibility and accountability you have to the company and its shareholders.
It is becoming increasingly common for intellectual property to be one of the most valuable assets of a business. Indeed, in many cases it is the most valuable asset of a business.
Buying or selling a business is a major decision (for both parties). Regardless of whether you are the seller or the buyer of a business there are a number of considerations that you should take account of to ensure a successful outcome.
An Independent Children’s Lawyer (“ICL”) is a lawyer appointed in family law proceeding to represent the best interest of a child. When is an ICL
For some time now there has been speculation as to the ever-looming collapse of the building and construction industry in Australia. At the start of
Broadly, a personal guarantee is an obligation taken up by a person giving the guarantee that they will meet the obligations of another person or
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