IN THIS UPDATE: Mondelez v AMWU, minimum wage changes, modern awards, enterprise bargaining, labour hire licensing, the SKM appeal case, and recent developments in industrial manslaughter. The financial year is well underway and with the decision of the Full Court of the Federal Court in Mondelez v AMWU [2019] FCAFC 138, it really has started with a … Read more
KHQ Lawyers has bolstered its tax, M&A and private wealth capabilities with the recruitment of Prath Balasubramaniam as Principal Solicitor, and his team. Prath joins from Macpherson Kelley where he led the Commercial and Tax teams. The breadth of Prath’s team’s expertise complements and extends KHQ’s existing capability and service offering. Commenting on the move, … Read more
A recent unfair dismissal decision of the Fair Work Commission highlights that it is never enough to merely establish that an employer had a reasonable belief that a performance-based termination was for a “valid reason”. Rather, the Commission still needs to make a finding on the balance of probabilities that the performance was, in fact, … Read more
By Adrian Faelli (Lawyer) and Venn King (Special Counsel) On 14 October 2019, ASIC and the Netherlands Authority for the Financial Markets (“AFM”) released a joint report critical of current disclosure regimes in respect of the full range of financial products across multiple jurisdictions. Entitled “Disclosure: Why it shouldn’t be the default”, the report acknowledges … Read more
By Bronwyn Montgomery (Lawyer) and Kristina Antoniades (Special Counsel) Any parent can appreciate the anxiety another parent feels when their former partner makes the unilateral decision to remove their child from the country in which they are living, without that parent’s consent or knowledge. This is known within family law as child abduction. If your … Read more
The humble egg is one of the more commonly recalled foods, with Australian egg producers affected by six separate food recalls to date in 2019 alone. A reasonably large recall was declared on 20 March 2019, as Bridgewater Poultry eggs were recalled across Australia after infecting five people with a rare strain of salmonella enteritidis. … Read more
If you’re a retailer in a shopping centre or a Home Co, or an owner/operator of premises in an industrial park, this recent case regarding traffic management may be of interest to you. A retailer has avoided prosecution for breaches of the work health safety legislation in the Northern Territory this month by entering into … Read more
The ATO has, following the passage of amending legislation (see below), recently extended its ability to hold a rogue director accountable for unpaid tax liabilities of their company (which would include a company acting as trustee of a trading trust). This has been achieved through the strengthening of the suite of recovery legislation at its … Read more
By Adrian Faelli (Lawyer) and Michael Cochrane (Special Counsel) The Full Bench of the Fair Work Commission has finalised* its examination of annualised wage arrangements as part of the 4 yearly Modern Awards review. From 1 March 2020, certain Modern Awards will contain 1 of 4 new ‘Model Clauses’ that expand an employer’s record-keeping, payment … Read more
