The Better Off Overall Test (BOOT) is consideration by the Fair Work Commission whether a proposed Enterprise Agreement (EA) or Enterprise Bargaining Agreement (EBA) is better off overall than the applicable industrial award.   A proposed bill is looking to change this and give more ability for Employers and the Fair Work Commission to pass EA’s and EBA’s with more…

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We ride into 2021 with lockdowns, face masks, UK strains and “your on mute” consistent buzzwords for Employers and the healthcare industry.  Directors, practitioners and office managers may be fielding a lot of questions around legal entitlements and obligations so let’s get an assist from the leader of the Avengers himself, Nick Fury. Principle 1…

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Personal or director guarantees are commonplace in many commercial contracts. Common transactions that will generally require a personal guarantee include: any business purchase; commercial leases; loans; or trading terms and credit applications. In such instances the personal guarantee will generally be from one or all the directors of the company. What is a Charging Clause?…

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Due to the unprecedented impacts of COVID-19, 2020 has seen an array of legislative interventions to protect businesses to trade through the crisis. One of the more significant changes was the extension of the time frame for companies to respond to their creditor’s statutory demands. Statutory Demands Breakdown In ‘normal’ times a creditor’s statutory demand…

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Employers are now gradually winding down their operations in preparation for a (well-deserved) Christmas break. The break gives employers and employees an opportunity to reflect on the year. For some employers, they may encounter a situation where their employees, after reflecting on their employment over the break, decide to look for ‘greener pastures’. Illness might…

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The post pandemic landscape has meant a number of challenges for Employers and HR.  As an Employment Lawyer human resources department ask for assistance on a range of matters. Here are some quick wins for HR for 2021. Tip 1 – Performance Management Training Some companies have seen a spike in productivity and others have…

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