Two recent legal decisions have emphasised the importance of employers having an adequate workplace bullying policy or procedure and that a failure to have these in place (or having an inadequate policy or procedure), can have serious consequences. WHS prosecution for inadequate bullying policies or procedures On 1 October 2021, the Melbourne Magistrates Court convicted …
Continue reading “Bullying policies and responding to complaints: is your house in order?”
From 1 November 2021, employers need to ensure that their employee onboarding processes, payroll systems and contracts comply with the Governmentâs new super stapling requirements. These new rules are aimed at reducing the number of superannuation accounts that are established each time an employee commences a new role. What has changed? Under the current regime, …
Continue reading “Super Stapling â the new rules affecting employee onboarding processes”
Proposing and voting upon resolutions (and therefore making decisions) is an essential responsibility of any board of directors. Company boards must be able to definitively and efficiently make decisions regarding the affairs of a company. However, the procedure for passing resolutions is subject to strict legal requirements aimed at the maintenance of good corporate governance. …
Continue reading “Too little, too late? Passing a last-minute resolution of directors”
A sigh of relief for Australian companies In August, the Federal Government passed legislation allowing companies to electronically execute documents (including deeds) under section 127 of the Corporations Act. The Treasury Laws Amendment (2021 Measures No 1) Act 2021 (Act) was enacted on 14 August 2021 to temporarily amend the Corporations Act 2001 (Corporations Act) until 31 March 2022. …
The conduct of members of parliament, both State and Federal, is increasingly subject to detailed scrutiny. Debates, speeches and hearings occurring within Parliament can now be published and circulated online with unprecedented ease. In this context, the notion of parliamentary privilege has ascended to the forefront of the political landscape as politicians and bureaucrats alike …
Continue reading “Inquire, debate and legislate â the bounds of parliamentary privilege”
This weekâs decision of the Full Bench of the Fair Work Commission in Jennifer Kimber v Sapphire Coast Community Aged Care Ltd [2021] FWCFB 6015 has hit the headlines, primarily due to comments in the dissenting opinion of Deputy President Dean regarding mandatory COVID-19 vaccinations. Despite the hype, it is of course the decision of …
Who should read this Intellectual property professionals Developers of artificial intelligence (AI) and automated decision-making systems Things you should know In a world-first decision handed down on 30 July 2021 (Thaler v Commissioner of Patents (2021) FCA 879), the Federal Court of Australia has recognised that an AI system can be listed as an inventor …
Continue reading “Australian appeal to determine future of global relationship with AI”
The Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 (Cth) received Royal Assent on 10 September 2021, and introduces key changes to designs law in Australia. In particular, a 12 month âgrace periodâ will be introduced, which protects applicants who use or publish their design before filing. The majority of the amendments commence …
COVID-19 vaccination requirements in the workplace is an evolving discussion in Australia. Public health orders apply to some industries, but most employers in New South Wales are considering their obligation to implement a COVID-19 vaccination policy to ensure health and safety, and respond to employee and community concerns. This article outlines the key considerations that …
Continue reading “Mandatory vaccinations: key considerations for local Councils”
Shoalhaven City Council recently defeated an unfair dismissal application commenced by an Applicant employed under a âfixedâ term contract by satisfying the Industrial Relations Commission that the employee was not âdismissedâ for the purposes of section 84 of the Industrial Relations Act 1996 (NSW) (Act): Naulty v Shoalhaven City Council [2021] NSWIRComm 1012. When employment …
Continue reading “Term contracts: lessons learned from Naulty v Shoalhaven City Council”
Summary A recent decision in the NSW Supreme Court provides a timely reminder that parties to construction developments, including local councils, must be aware of the statutory limitation periods in which to bring claims or otherwise risk extinguishing their entitlements. Key takeaways It is essential to understand limitation periods (the maximum time within which a …
The incentives for processing minerals in Australia represent a concrete opportunity to build on a COVID-19 induced resurgence, putting Australia back on the map as a manufacturing destination of choice. Earlier this year we published our article, âThe critical importance of critical mineralsâ[1] which highlighted many initiatives and incentives rolled out over the last few …
Legislative change On 2 September 2021, the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Cth) (Act) was passed. Described by some as a “missed opportunity”, the amendments are discussed below. In real terms, it remains to be seen whether the Act will have any real impact on tackling the enduring high …
The Australian Government has taken the first step towards the development of a new offshore renewable energy industry through the introduction of the Offshore Electricity Infrastructure Bill 2021. This Bill provides a regulatory framework to support the construction, installation, commissioning, operation, maintenance and decommissioning of electricity transmission and renewable energy infrastructure in the Commonwealth offshore …
Continue reading “Australiaâs proposed framework for offshore wind and power”
In recent years, employers have grappled with the concept of who is a âcasual employeeâ for the purposes of the Fair Work Act 2009 (Cth) (FW Act). Following a lengthy legal process, the High Court has provided clarity in WorkPac Pty Ltd v Rossato & Ors [2021] HCA 23. In finding that Mr Rossato was …
Temporary changes to the Corporations Act to allow for the electronic execution of documents and virtual meetings after previous measures to facilitate these electronic processes had expired  The high level What has changed? Temporary changes under the Corporations Act to allow documents to be signed electronically and for meetings to be held virtually. Who …
Continue reading “A (temporary) sigh of relief for companies as the COVID-19 pandemic continues”
The Harman undertaking is a longstanding rule in legal practice which applies to all litigating parties in all Australian courts and tribunals. This article explores the importance of the undertaking, and how to avoid the significant consequences that may arise from a breach of the undertaking. The undertaking The Harman undertaking is an implied undertaking …
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The Australian Securities and Investments Commission (ASIC) Since the conclusion of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry in late 2019, corporate entities in Australia have been subject to heightened levels of scrutiny. With global commerce slowly moving into a âpost-COVID-19â phase, the regulation of corporations has become even …
Continue reading “Getting to know Australia’s corporate regulator”
As part of significant reforms to the licensing regime under the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act) that were passed last year, the removal of the head contractor licensing exemption was due to take effect on 24 July 2021. Today, the Queensland Government published the Building Industry Fairness (Security of Payment) and …
Continue reading “Queenslandâs head contractor licensing reform postponed”
Does your business have adequate cover? What to Look for in your Professional Indemnity Insurance Policy. Why have cover? It is critical that accounting businesses have PI insurance that provides financial protection for liabilities they may face. In the course of providing accounting and taxation services and advice, circumstances can arise and result in claims …
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Schemes of arrangement continue to be a popular method for buyers looking to acquire public companies in Australia. An alternative to a takeover, a scheme of arrangement is a statutory process under Part 5.1 of the Corporations Act 2001 (Cth) (Corporations Act) which allows a company to be acquired or reorganise its share capital, assets …
Continue reading “My scheme of arrangement is ânot fairâ, what now?”
On 1 January 2021, the Commonwealth Government introduced significant reforms to Australiaâs Foreign Investment Review Board (FIRB) regime. One significant aspect of the reforms was the introduction of the Treasurerâs new review and enforcement powers, being the âcall-inâ power and the âlast resortâ power. This insight focuses on how these reforms may impact an investment …
End of Financial Year FIRB Water Rights update Unlike the Foreign Investment Review Board (FIRB) agricultural land register – which needs to be updated constantly, the FIRB water rights register only needs to be updated annually. And, itâs that time of year again. Under the Register of Foreign Ownership of Water or Agricultural Land Act 2015 …
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Who should read this All construction industry participants in Western Australia (WA). What you need to know The Building and Construction Industry (Security of Payment) Bill 2021 (Bill) was passed by the WA Parliament on 22 June 2021, bringing significant reforms to the current security of payment laws in WA. The reforms will align the …
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The Australian Government recently released amendments to the Franchising Code of Conduct (Franchising Code). These changes have arisen as a result of the Parliamentary Inquiry into the franchising sector, the subsequent Parliamentary Joint Committeeâs Fairness in Franchising Report, and consultation on the resulting exposure draft legislation. The aim of the amendments is to promote competition …
Continue reading “Changes to the Franchising Code â What you need to know ahead of 1 July”
[vc_row][vc_column][vc_column_text] On 11 June 2020, the first phase of the Design and Building Practitioners Act 2020 (NSW) (DBP Act) commenced, implementing a new statutory duty of care regime requiring any person who carries out construction work to exercise reasonable care to avoid pure economic loss caused by defects. The DBP Act is part of significant …
Continue reading “Roll out the Regulations: Design and Building Practitioners Regulation 2021 (NSW)”
Federal Court finds Australian children are owed a duty of care in relation to climate change In the recent decision of Sharma v Minister for the Environment [2021] FCA 560, the Federal Court held that Minister Ley, the Federal Minister for the Environment, owes Australian children a duty of care when considering whether to approve …
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The dynamic and ever-growing nature of privacy regulations and attack vectors related to privacy emphasises the importance for NSW government organisations to ensure it does, and its suppliers do, a better job protecting data through technology design. Also known as, âPrivacy by Designâ and âPrivacy by Defaultâ, the terms refer to the system engineering approach …
Continue reading “Privacy by Design â protecting personal information from the wire-frame up”
In May 2021, the Commonwealth Minister for Environment (Minister) declared the Wahlua-Mount Panorama Site in Bathurst to be a significant Aboriginal area under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (Act). This declaration prohibited Bathurst Regional Councilâs proposed development of a go-kart track just days before construction works were set to …
In this update, we analyse two New South Wales decisions about the Local Government Act 1993 (NSW) (LG Act) and compliance with obligations to declare and manage personal interests. While these decisions concern NSW Local Councillors and a former General Manager, there are lessons for all individuals dealing with the LG Act. Eldridge v Wagga …
Continue reading “Conflict of interest: fail to declare and manage at your peril!”
