Modern Award review
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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Rental law reforms – “Minimum Housing Standards” now in effect from 1 September, 2023
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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Closing the Loopholes Bill Introduced to Parliament
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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Further Radical IR Changes Ahead - Closing the Loopholes Bill
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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Protecting Worker Entitlements - The Fair Work Act Changes To Be Aware Of
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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Leasehold land – What can/ can’t I do with it?
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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Be wary of the emoji! 🤔
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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Leasehold or freehold – What is the difference?
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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Reminder for employers - There are a number of key employment figures that will increase from 1 July 2023
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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Employment law case update
There have been a number of important case developments in the employment law space recently.
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Queensland medical & health providers - Are you aware of the new payroll tax ruling which may affect you?
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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Minimum Wage to increase
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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Fair Work Commission outlines approach on new flexibility/parental leave provisions
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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Managing psychosocial hazards at work – What do employers need to do?
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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Important dates for employers - Key changes
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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Meghan De Pinto-Smith joins the McKays Employment Law and IR Team
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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Do you have a right to register an access Easement over your neighbour’s land?
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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Even with a company or business name, your competitors could steal your brand!!
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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Secure Jobs, Better Pay: Pay is no longer a secret + no fixed term contracts longer than 2 years
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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Beware of New Dangers with Trust Distributions from recent Victorian Case
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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