For those who are not aware of what a Modern Award is - A Modern Award is a document which sets out the minimum terms and conditions of employment on top of the National Employment Standards (“NES”).
Modern Awards provide entitlements such as pay, hours of work, rosters, breaks, allowances, penalty rates and overtime. There are more than 100 industry or occupation awards that cover most people who work in Australia.
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For those of you who are landlords, there are new reforms in effect in Queensland. These reforms apply to all residential tenancies and include any house rentals, caravan rentals or rooming accommodation.
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The Albanese Labor Government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (the “Bill”) to Parliament yesterday afternoon (4 September, 2023). The Bill is the “third tranche” of major changes to core aspects of our workplace relations system which will impact most sectors of the economy.
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The Albanese Government will be introducing a third tranche of IR legislation on Monday afternoon which Workplace Relations Minister, Tony Burke has referred to as the “Closing Loopholes Bill”.
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You may have seen that there have been a number of significant changes happening in the employment and industrial relations law space.
We have been hearing from countless employers that the number of changes have left them feeling overwhelmed and unsure about what they need to be doing to ensure compliance.
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Last article, we discussed what the difference between freehold and leasehold property was.
This issue, we will explore leasehold property further to get a better understanding of it.
For those that hold or lease Leasehold Land (or aspire to), there are general provisions which they need to adhere to, otherwise they risk losing the right to hold or lease the Leasehold Land, which may make up an important part of their farming operations.
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As communication methods change, it is crucial to recognise that any form of communication (even a simple emoji) can potentially establish a binding contract. It is important to be mindful of this fact and be cautious when engaging in any form of written communication.
Whether it is a casual email or a brief text message, it is important to understand that these modern modes of communication hold legal significance and can carry legal implications and consequences.
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Agricultural property can be held by landowners a few different ways. It’s important for those landowners or those wanting to become landowners to know the differences and their rights and obligations.
The occupation of land in Queensland may be defined under two broad tenure headings:-
1. Freehold, and
2. Leasehold.
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Following the Fair Work Commission’s Annual Wage Review 2023:
· the National Minimum Wage will be increased to $882.80 per week or $23.23 per hour; and
· there will be a 5.75% increase to minimum award wages.
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There have been a number of important case developments in the employment law space recently.
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Payroll tax for medical centres and practitioners has been a popular topic of discussion in recent years, following court cases such as Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2021] NSWCATAD 259 (“Thomas and Naaz”).
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The Fair Work Commission (“FWC”) has today handed down its Annual Wage Review decision. Minimum wage rates in Modern Awards will see a 5.75 per cent increase effective from 1 July 2023.
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Changes are coming into effect on 6 June 2023 which will give the Fair Work Commission power to deal with disputes over requests for flexible working arrangements and extensions to unpaid parental leave, amongst other changes.
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Queensland has a new Work Health and Safety Code of Practice, “Managing the risk of psychosocial hazards at work” (“Code”) which provides practical guidance to persons conducting a business or undertaking (“PCBUs”) on how psychosocial hazards and risks can be managed or controlled. The Code can be used to help determine what is reasonably practicable to reduce psychosocial risk.
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The Fair Work Amendment (Secure Jobs, Better Pay) Act 2022 received royal assent on 6 December 2022 – introducing the most significant changes to employment and industrial relations laws in Australia since the commencement of the Fair Work Act 2009 (Cth) (“FW Act”) some 13 years ago.
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McKays Solicitors is so excited to welcome, Senior Associate, Meghan De Pinto-Smith to the McKays’ Industrial Relations and Employment Law team.
Meghan has worked exclusively in industrial relations and employment law at a high level for a specialist boutique Brisbane firm for the last 6 years – but has come home to settle in Mackay to be closer to family.
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It is not uncommon for friendly neighbours to allow access over their land from time to time on an informal “handshake” arrangement. Whether it be for a track to run through the neighbour’s land to allow better access to an area you own or for you to lay a pipe down to irrigate from a nearby creek.
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Registering a business name or company name WILL NOT give you exclusive use to the name and DOES NOT stop your competitors from using the same or a similar name in their business. It also does NOT protect you from claims by others that you are infringing their rights to the use of the name.
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The Fair Work Amendment (Secure Jobs, Better Pay) Act 2022 came into force on 7 December 2022 –introducing the most significant changes to industrial relations laws in Australia in nearly 2 decades.
As the name of the Act suggests, the new changes are geared towards improving pay conditions, pay equity and job security.
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As you may be aware, a recent court decision in Victoria towards the end of last year has caused concern in the legal world over distributions from discretionary trusts.
Usually we are instructed to set up discretionary trusts for the benefit of a particular client, with the client as trustee and the client and his/her broader family and related entities as beneficiaries.
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Employers will now have a positive duty to prevent sexual harassment and discrimination in their workplaces.
In 2020, the Respect@Work Report was released by the Australian Human Rights Commission (AHRC), making 55 recommendations for legislative change to address and prevent sexual harassment.
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Australia has declared 22 September 2022 as a national public holiday, in honour of Queen Elizabeth II.
Employers are often confused about their obligations in relation to public holidays, including whether they can ask their employees to work on a public holiday and how much to pay their employees for public holidays (whether they work on the day, or not).
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Have the Agent or your solicitor write up the basic terms of the Contract as agreed with the Buyer (ie. purchase price, deposit, conditions the parties want – ie. subject to finance, building and pest, due diligence, subject to sale of buyer’s property, etc, record if the crop and/or plant and equipment are included or excluded from the sale, settlement date)
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If you ever find yourself in the position of police executing a search warrant at your address, the below points will make the experience easier and protect your legal position.
When the police first arrive
Immediately indicate to police that you want to speak with your lawyer
Allow police to execute the warrant
From this Friday 1 July, 2022, the high income threshold, compensation cap and filing fees for unfair dismissal claims will increase…
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Remember our tips last week on how to use an electric scooter (‘e-scooter’) lawfully? This past Monday the Queensland Transport Minister announced new e-scooter rules coming into effect from 1 November, 2022 to improve safety…
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The Fair Work Commission (FWC) has granted a 5.2% wage increase to minimum pay and award wage workers from 1 July 2022.
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Have you noticed all the electric scooters (or ‘e-scooters’) around Mackay City the last few days? From 8 June, 2022 e-scooters are being trialed in Mackay for a period of 12 months. But there are some rules you must follow…
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Deciding whether or not you should apply for bankruptcy can often be a confusing and daunting task, and there is much to consider. It is integral that you understand what implications you may face and make an informed decision.
This article will explain what bankruptcy is and some of the common advantages and disadvantages of declaring bankruptcy.
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In the last article we discussed what rights and obligations you had as a landowner to deal with residential tenants’ property after they moved out. Now we will explore what landowners’ rights (and obligations) are when a commercial tenant for farmland leaves property behind on your land and what you can (or can’t) do with it.
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