From today, no building contractor will be eligible to tender for Commonwealth funded building work unless their industrial instrument is compliant with the requirements of the Code for the Tendering and Performance of Building Work 2016 (“Code 2016”). This alert will...
Record Penalties Proposed for Industrial Manslaughter Offence Under WHS Act Amendment Bill
On 22 August 2017, the Queensland Industrial Relations Minister, the Honourable Grace Grace, introduced the Work Health and Safety and Other Legislation Amendment Bill 2017 (Qld) (“Bill”) for consideration by the parliament. The Bill represents the Palaszczuk...
Exemptions for Transfer Duty (in NSW): Cancelled Agreements
Under the Duties Act 1997 (NSW) (the “NSW Act”), a liability to duty arises once an agreement for dutiable property, such as a contract for sale and purchase of land, is entered into. Subject to certain exceptions, duty must be paid within 3 months from the liability...
Welcome Relief for Equipment Hire Businesses: The Definition of a "PPS Lease" is Changing!
On 11 May 2017 the Senate passed the Personal Property Securities Amendment (PPS Leases) Bill 2017, which will see changes being made to the definition of a “PPS Lease” under the Personal Property Securities Act 2009 (“the Act”). The changes will come into effect once...
The New IR Act Commences Today: The Top 5 Things You Need to Know
The Industrial Relations Act 2016 (Qld) (“the Act”) commences today, 1 March 2017. The Act applies to these entities as employers, and their employees: Queensland government and its agencies, and certain entities connected to government (including statutory bodies...
CK’s Murray Procter featured in Doyles Guide’s 2017 Leading Employment Lawyers List
ClarkeKann is pleased to congratulate CK Partner, Murray Procter, who has featured in Doyles Guide’s 2017 list of leading Employer-focused Queensland Employment Lawyers. Murray is the head of CK’s Employment, Industrial Relations & Safety practice. With a career...
DANGER: Registering Security Interests against the ABN instead of the ACN can be Fatal!
A recent NSW Supreme Court decision in the matter of OneSteel Manufacturing Pty Limited (administrators appointed) [2017] NSWSC 21 (“the decision”) has stressed the importance of registering security interests correctly. In this case, Alleasing P/L (“Alleasing”)...
No Consultation? No Genuine Redundancy!
WILLIAMS & ORS v STAPLES AUSTRALIA PTY LTD [2017] FWC 607 – 3 FEBRUARY 2017 The Fair Work Commission recently reinstated four employees who had been made redundant. The decision reinforces the importance of following consultation obligations under enterprise...
CK Advises Major Agrifinance Player StockCo on Elders Acquisition of Equity Stake
ClarkeKann has advised longstanding client StockCo on the acquisition by Elders of a 30% stake in its Australian business. StockCo is the largest specialist provider of livestock financing in Australia and New Zealand. It provides a wide range of specialised...
Employee Paid $1.3M for Adverse Action
CFMEU v Hail Creek Coal Pty Ltd [2016] FCA 1032 A recent adverse action case has demonstrated how day to day employment decisions can be a high stakes contest. Justice John Reeves of the Federal Court has found that a central Queensland mine took unlawful adverse...
Succeeding in a Digital Economy – Part I
Technology & IP Partner, Peter Karcher, hosts a breakfast event with panellists Brett Iredale from JobAdder (www.jobadder.com)and Shaun Dobbin from Gomeeki (www.gomeeki.com.au). The discussion includes valuable insights onhow to simplify your business using...
Employers Liable for Employee Discrimination: Tips to Minimise Risk
IN THIS ISSUE: A recent decision of the Northern Territory Anti Discrimination Commission serves as a timely reminder to ensure company policies are in place, and that staff are adequately aware of, and trained in, those policies A failure to ensure staff are trained...