The Treasurerâs proposed change to taxation on superannuation balances over $3 million is currently very long on rhetoric and very short on detail. The little detail we have so far comes from a short Treasury fact sheet and a number of statements to the press and parliament, which seem to only add to the confusion. …
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If you work in state government or for a Local Council, you may (quite reasonably!) assume that upcoming amendments to the Fair Work Act 2009 (Cth) have no relevance to you. But not so fast. They do! Blame the external affairs power and read on. The landmark Respect@Work Report observed that our legal framework was not effectively preventing …
Continue reading “Fair Work Act amendments commence on 6 March 2023: Is this relevant to you?”
The landmark Respect@Work Report observed that our legal framework was not effectively preventing sexual harassment because it is focused on addressing and responding to conduct that had already occurred. It called on legislators to shift the focus by requiring duty holders to proactively prevent discrimination and harassment. Following recent legislative amendments, there is now a …
On 21 February 2023 Revenue NSW announced that effective immediately citizens of New Zealand, Finland, Germany, or South Africa are no longer liable to pay foreign purchaser surcharge duty or surcharge land tax on residential land in NSW, because of inconsistencies between Australiaâs international tax treaties and the NSW surcharge provisions. It is yet to be …
WRR Bill 2023 On 22 February 2023, the Waste Reduction and Recycling and Other Legislation Amendment Bill 2023 (WRR Bill 2023) was introduced into Queensland Parliament. The WRR Bill 2023 proposes to amend provisions of the Environmental Protection Act 1994 (Qld) (EP Act) and the Waste Reduction and Recycling Act 2011 (Qld) (Waste Act) to …
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The Federal Court of Australia has recently ruled in favour of the creators of âBetter Beerâ for a misleading and deceptive conduct claim, which concerned the similarities in the packaging and production of Torquay Beverage Co Pty Ltdâs âBetter Beerâ and Brick Lane Brewing Co Pty Ltdâs âSidewinderâ beer.[1] Acknowledging that while beer lovers have …
With 6 June 2023 around the corner, employers need to ensure they are prepared to inform any affected employees of impending termination of âzombieâ agreements and the consequent reversion to the relevant award. What are ‘Zombie’ agreements? âZombieâ agreements are agreements made before 1 January 2010, when modern awards commenced operation under the Fair Work …
The Federal Governmentâs 2022 changes to the Fair Work Act will have a significant impact on the aged care sector commencing as early as 6 June 2023. The changes made by the Secure Jobs, Better Pay Act clearly show the Governmentâs intention to focus increasing wages in low paid sectors, including aged care, as a …
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There has been a recent emergence of online digital services providers, which raise claims of âcopyright infringing materialâ or similar against publishers of online content, with a view to protecting their clienteleâs copyright works. The issue? These copyright claims in some circumstances appear to be made without conducting the proper copyright infringement analysis, including forming …
On 14 December 2022, the New South Wales Court of Appeal in Wipro Ltd v New South Wales [2022] NSWCA 265 changed the NSW position on how statutory long service leave operates. This decision narrows who has an entitlement to statutory long service leave, by redefining how âsubstantial connectionâ to the state is assessed, impacting …
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This month, the ATO finalised its draft ruling and guidelines on section 100A ITAA36 in TR 2022/4 and PCG 2022/2, and issued a draft ruling and guidelines on the classification of employees and contractors in TR 2022/D3 and PCG 2022/D5. In the weeks leading up to Christmas, the ATO participated in the season of giving …
A suite of sweeping changes to the Fair Work Act 2009 (Cth) (Fair Work Act) have now been passed into law through the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, which received Royal Assent on 6 December 2022. Most changes will come into effect in three to seven months (and we will …
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Queenslandâs statutory requirements about managing psychosocial hazards are changing in April 2023, when amendments to the Work Health and Safety Regulation 2011 (Qld) (WHS Regs)(see our earlier article here) and the new Code of Practice: Managing the Risk of Psychosocial Hazards at Work (Code) commence. Is it a big change? Yes. Itâs actually pretty huge. Regulation of …
Continue reading “The QLD Psychosocial Code of Practice â what do businesses need to do?”
âDesign excellenceâ is a term used in planning instruments to group the range of requirements intended to ensure the delivery of development characterised by a high standard of design. In a recent development appeal to the NSW Land and Environment Court (Court), a development application (DA) was refused on the basis that the proposal lacked …
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A recent decision in the Land and Environment Court serves as a timely reminder for regulatory authorities when drafting development control orders (DCOs). Should there be non-compliance with a DCO and proceedings effectively brought against the recipient with respect to the same, it is important that the DCO has been drafted correctly, so as to …
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The NSW Parliament has recently passed amendments to the Environmental Planning and Assessment Act 1979 (NSW) (Act) and Environmental Planning and Assessment Regulation 2021 (NSW) (Regulation), which mandate longer exhibition periods for development applications made by councils or which involve land owned or occupied by councils. Council-related developments With effect from 3 April 2023, council-related …
With more affordable and diverse housing options becoming increasingly popular and important, it may be no surprise that the NSW Government has flagged its intention to undertake a review into the assessment and approvals process for Caravan Parks and Manufactured Home Estates (MHE). Time will tell whether the NSW Department of Planning and Environmentâs proposed …
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Who should read this? Developers and their advisors involved in community and social housing in Queensland. Things you need to know What you need to do Consider whether your social or affordable housing may be eligible for assessment under the infrastructure designation pathway, and whether that is more time and cost efficient than a traditional …
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New provisions will take effect in the Coal Mining Safety and Health Act 1999 (Qld) (the Act) from 25 November 2022 with respect to the appointment of persons to statutory positions at coal mines – often referred to as âsafety critical rolesâ. The ChangesThe amendments recently passed by Parliament in the Coal Mining Safety and …
Featherweight security and administration risk are unique to Australia and often misunderstood or overlooked in the market. In this article, our Finance team step through administration risk, outline the benefit of featherweight security, and set out some key concepts that should be considered and addressed. Key takeaways Financiers taking security from a company that does …
Introduction On 2 November 2022, the Developer Review Panel (Panel) convened by the Queensland Parliament released its long-awaited discussion paper in respect of the role of property developers operating in the Queensland building and construction industry (Discussion Paper) which can be found here. The Discussion Paper raises 38 potential âoptionsâ (or potential reforms) for consideration …
From 1 April 2023, persons conducting a business or undertaking (PCBU) in Queensland will have a positive duty under the Work Health and Safety Act 2011 (Qld) to manage psychosocial risks in the workplace. Equivalent provisions are already in effect in New South Wales, with the new duties to manage psychosocial risks having commenced in …
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