Powers of Appointors of Discretionary Trusts
Trusts can be beneficial mechanisms for asset protection and tax purposes. There are various types of trusts each with its advantages and disadvantages depending on the desired purpose. Discretionary trusts, sometimes referred to as family trusts, are particularly beneficial for small businesses and estate planning. There are four main roles in a discretionary trust, as…
Read MoreThe High Income Threshold And Salary Reductions Resulting From COVID-19 – Does reducing salary avoid unfair dismissal applications?
In Unfair Dismissal Applications – an employee must demonstrate their annual rate of earnings at the time of dismissal were below the high income threshold prescribed by the Fair Work Act 2009 (Cth)[1] in order to be protected from unfair dismissal. The current high income threshold (applicable to all dismissals taking effect after 1 July…
Read MoreHow we can help? Ensuring Redundancies are ‘Genuine Redundancies’
Unfair Dismissal Applications – When an employee alleges their termination of employment was harsh, unjust or unreasonable, the Fair Work Commission (the FWC) is required to consider a number of preliminary matters[1] including whether the employee was a person protected from unfair dismissal. One of these matters is whether the employee’s dismissal was a case…
Read More3 Practical Legal Tips for HR Practitioners in Manufacturing to overcome legal obstacles
COVID-19, the pandemic has caused massive disruption to industry. Manufacturing has been no exception and although there have been a number of companies who have benefited from clients “going local” and others who have pivoted into other areas – hand sanitizers been an obvious one. Many HR professionals in Manufacturing companies are coming to grips…
Read MoreProtections for Landlords: Retail Shop Leases and Other Commercial Leases Regulation 2020
The Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 is one of the latest pieces of legislation enacted as a result of the COVID-19 pandemic. This legislation was made under the COVID-19 Emergency Response Act 2020 (Qld) and Retail Shop Leases Act 1994 (Qld) with the purpose of mitigating the effect of COVID-19 on small businesses and giving effect to the good faith leasing principles as outlined in the National Cabinet’s Mandatory Code of Conduct.
Read MoreWhat can Business expect from the IR Roundtable? 4 Reforms potentially on the table
In recent times we have had a number of unique and challenging decisions come out of the Fair Work Commission – Skene and Rossato come to mind. We have also had a pandemic which has led to a number of changes to Modern Awards, directions and stand downs. New challenges have been forced on organisations…
Read More“The Personal Trainer” – Dual faceted employee and contractor relationships
The Fair Work Commission (FWC) was recently invited to consider a jurisdictional objection in a matter[1] involving a personal trainer who used the premises of a gym to conduct his own personal training business pursuant to a written Personal Training Agreement (PT Agreement). The PT Agreement required the personal trainer to pay sums of money…
Read MoreHidden costs of buying a business
Buying a new business can be exciting and full of opportunity for a purchaser. The main expense is of course the purchase price, but there are also other ‘hidden’ immediate costs of the transaction. It is crucial to take note and budget for these costs before signing a contract. Transfer Duty Transfer Duty (also ‘stamp…
Read MoreReducing Redundancy Entitlements? – 3 factors to consider
As we step through the long standing effects of COVID-19, JobKeeper starts to dissipate in time and Employers look to restructure their business in response to less demand or increased efficiencies redundancies will be a very usual occurrence. How can Employers reduce their redundancy entitlement payments? Here are 3 factors to consider……… Factor 1 –…
Read MoreEmployers can ask employees to take annual leave whilst on Jobkeeper – Village Roadshow vindicated in the Fair Work Commission on the term “unreasonable refusal”
The Fair Work Commission has vindicated Village Roadshow Theme Parks’ right to request employees on Jobkeeper to take annual leave. Although not going so far as a direction – the words “unreasonable refusal” found in the legislation gives Employers strong grounds to reasonably request employees to take annual leave (with some exceptions) – this is…
Read MoreAnother “Casual Worker” Awarded Payout for Leave Entitlements – The Federal Court upholds the principles of WorkPac v Skene Case – What does this mean for Employers?
Back in August 2018, the now infamous Workpac v Skene case (Skene) dropped a bombshell on the widely held understanding of what it means to be a casual employee – that is, you get paid more money (casual loading) in exchange for certain entitlements afforded to your permanently employed compadres. The Federal Court of Australia…
Read MoreQantas Stand Downs – Can Qantas refuse to pay “sick leave’ during stand down due to COVID-19?
The Federal Circuit Court have decided – “YES” Qantas are not obliged to pay sick leave (personal/carers leave) if an employee on lawful stand down. WHY? Qantas held the position it had lawfully stood down the employees and was subsequently not required to pay personal/carers leave as the employees were not entitled to take leave…
Read MoreCOVID-19 – Force Majeure and Contractual Obligations
Force Majeure….breach of contract….termination of contract….performance of contract. Suppliers and service providers alike in industries as diverse as manufacturing and financial services, travel and engineering to marketing and dentistry are feeling the effect of COVID-19 and to a wider extent dispute over contractual obligations. The unprecedented event of the COVID-19 pandemic continues to place stress…
Read MoreLand Tax Relief Measures in Queensland
On Wednesday 22 April 2020, the Queensland Parliament sat for the first time in over a month in an effort to pass emergency measures aimed at supporting Queenslanders during the COVID-19 pandemic. Some of the measures passed include the following: $300 million aimed at relieving the cost of living which includes $200 credit for all…
Read MoreWage Theft – the new compliance fear for Employers
Underpayment of wages by major companies has led to a term being coined “wage theft”. In particular, there has been a push by Unions as well as the Federal and State Governments to put in place criminal penalties for underpayment of wages – wage theft. Woolworths Coles Subway Commonwealth Bank Made Establishment (George Colambaris) Dominos…
Read MoreLong running jokes – is it sexual harassment? An Employment Lawyer’s answer
As an employment lawyer and part of a law firm that represents employers in employment law I am regularly challenged by numerous people, be it – clients, managers, supervisors, consultants, accountants, other lawyers with different specialties, and even friends in regards to the complex issues around sexual harassment and workplace bullying. It will usually go…
Read MoreVendor finance: buy and sell without the bank
There are situations in which a bank loan is not a possibility when purchasing a business, property or other asset. This may occur because the buyer is unable or unwilling to secure a bank loan for the requested purchase price. However, the seller may be eager to sell their asset and be willing to come…
Read MoreAnnualised Salary Changes in Modern Awards – A Checklist
As part of its four-yearly review of modern awards, the Fair Work Commission (FWC) handed down a decision to insert two new ‘model’ clauses impacting the payment of Annualised Salaries to employees covered by certain awards. These changes are primarily intended to address a lack of uniformity among the range of clauses currently found in…
Read MoreCosts for the Coast – How commercial decisions can assist Councils in obtaining costs orders
NB Lawyers – lawyers for employers recently acted for the Fraser Coast Regional Council (the Council) and successfully obtained a costs order following an unsuccessful application for reinstatement filed by a former employee.[1] We have previously written an article discussing the unsuccessful substantive application (https://www.lawyersforemployers.com.au/application-for-reinstatement-denied). HR Teams in Councils (or any practitioner familiar with employment…
Read MoreTalk to a Lawyer before Purchasing or Selling Commercial Property
Purchasing or selling commercial property is a big investment decision which you should seek advice from experienced professionals about including a solicitor, accountant and finance broker before signing a legally binding contract. Commercial contracts generally do not include a cooling off period which is why it is important to engage a solicitor prior to entering…
Read MoreApplication for Reinstatement, Denied – How Excellent Complaint Management gives Lessons for HR Teams in Councils
Application for Reinstatement, Denied – How Excellent Complaint Management gives Lessons for HR Teams in Councils Our firm has recently acted for the Fraser Coast Regional Council (the Council) in relation to an application for reinstatement before the Queensland Industrial Relations Commission (QIRC).[1] Following our successful defence of the application for reinstatement, we continued to…
Read MoreUndocumented loans between friends and family
Undocumented loans between friends and family It is very common to advance money to a friend or family member for a business or personal expense where they are in financial need. These loans are often verbal without a specified date for repayment. Employers may also lend a sum of money to an employee or other…
Read MoreHow Employers can learn from 5,700 employees underpaid by Woolworths – Top 4 tips for Employers
How Employers can learn from 5,700 employees underpaid by Woolworths – Top 4 tips for Employers Woolworths, Lush and Qantas were some of the big names in the spotlight recently due to underpayment of wages claims. Previously we discussed the wide ranging underpayment of wages issues a former Masterchef judge had to deal with and the…
Read MoreManaging mental illness in the Workplace
Managing mental illness in the Workplace Managing mental illness in the workplace is difficult for any employer and management team. When dealing with complaints of mental illness in the workplace, from an employment law perspective, it seems to be categorised into three areas: Disclosure of mental health issues either involving work or not involving work During…
Read MoreProperty Development Laws in Queensland
There are several factors to be aware of when developing property in order to do so successfully. It will require sufficient research, planning and securing the right property. Property development involves various complex laws and regulations. Therefore, it is inherent that property developers understand and adhere to the laws in this area. Structure It is…
Read MoreClarity beyond reasonable doubt? Information for employers hiring employees with criminal records
The Australian Human Rights Commission Regulations 2019 (Cth) (AHRC Regs) which commenced on 1 October 2019 has clarified that an employer may be found (by the Australian Human Rights Commission) to have discriminated against a prospective employee if they make a distinction, exclusion or preference due to their “irrelevant criminal record”. The Previous Test The…
Read MoreAbout to take on a Lease – 7 Clauses you need to know!
Leases are complex legal documents that can be difficult to understand. We recommend that tenants always consult with a lawyer to advise on the agreement for lease and negotiate lease terms more favourable to you to ensure added security to your business. There are two (2) types of commercial leases, a retail and non-retail lease…
Read More“We have never had an issue before” – how Masterchef and Chatime have showed the perils of underpayment of wages
Underpayment of wages – “We have never had an issue before, so there is no need to worry about it” this is a standard line used by many employers and clients of NB Lawyers – lawyers for employers. It is very easy of course to ask for advice as a reaction to being sued by…
Read MoreFacility Management Arrangements – A new way to deal with “Contractors”
Facility Management Arrangements may well be a new way for dealing with “contractors” for those in health and allied health sectors. Those who own businesses in the fields of: Doctors, dentists, chiropractors, speech pathology, physiotherapy, optometry; audiology; occupational therapy should take note of the potential to utilise facility management arrangements. Employees are entitled to the…
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