Latest publications
Employee rights when your employer becomes insolvent
In Brief In October 2012 the Federal Government introduced the Fair Entitlements Guarantee Bill 2012 to formalise by legislation, what has to date operated as the General Employee Entitlements and Redundancy Scheme (GEERS). The Bill is likely to become law in early 2013. This article discusses who is eligible for financial…
My partner has passed away without leaving a Will what should I do?
In Brief Where a person dies without a valid Will they are said to have died ‘intestate’. In these circumstances the Supreme Court will grant Letters of Administration instead of the Grant of Probate. This article discusses who may apply for Letters of Administration and the procedure involved. Letters of Administration Where a person dies…
The Scab Sign Incident
In Brief On 7 November 2012 Justice Jessup of the Federal Court of Australia gave his judgment in Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 3) [2012] FCA 1218. The case was a claim under the general protection provisions of the Fair Work Act 2009 (Cth) (the Act) and…
Federal Anti Discrimination Legislation Harmonised
In Brief The Federal Government recently released an exposure draft of its proposed Human Rights and Anti-Discrimination Bill 2012 (the Bill). The Bill harmonises the current five pieces of Federal anti discrimination legislation: Racial Discrimination Act 1975 (Cth), Sex Discrimination Act 1984 (Cth), Disability Discrimination Act 1992 (Cth), Age Discrimination Act…
Ad regulator determines that social media campaigns must comply with ad requirements
In brief The Advertising Standards Bureau, the advertising regulator, has found that the VB Facebook pages are advertisements and subject to the AANA Code of Ethics. Our Commercial and IP & Technology Team looks at the recent decisions of the ABS and how this affects businesses with any social media presence…
New Zealand signs up to international treaty making trade mark protection easier
In Brief An important new development for trade mark protection in New Zealand comes into effect on 1 December 2012. We look at what this means for businesses seeking brand protection in New Zealand. In an important new development for Australian businesses seeking registered trade mark protection for their brands in New…
Watching the footy from the cloud
Optus TV Now – Federal Court Copyright Judgment Stands In brief Optus’ footy wars over its ‘TV Now’ service have been brought to an end with the refusal of its application seeking leave to appeal to the High Court. Our Commercial and IP & Technology Team looks at what this means for providers…
New Workplace Laws — Fair Work Amendment Bill 2012
In Brief After being recently passed by the House of Representatives, the Fair Work Amendment Bill 2012 is currently being considered by the Senate’s Education, Employment and Workplaces Relations Legislative Committee, with a reporting date of 26 November 2012. The Bill was drafted in response to the Fair Work Act Review completed…
Surveillance in the Workplace
In Brief New South Wales is one of the few Australian states which has dedicated legislation addressing surveillance in the workplace. The Workplace Surveillance Act 2005 (NSW) (the Act) deals with camera, computer and tracking surveillance. The Act provides that in some circumstances employers can surveil employees with their knowledge (overt…
Payment for Standing By
In Brief Many industrial awards provide that employees are entitled to payment for “standing by” – ie periods of time where they are not at work but must be ready to be called in to work. A recent Federal Court of Australia decision held that an employer owed four electricians for time “standing…