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An employee who threatened and threw a senior engineer into a swimming pool, and fought with his supervisor at his employer’s Christmas party has failed in his unfair dismissal application. The employee, a project Co-Ordinator, had been employed by Future Engineering and Communication (FEC) since 2008. At the Christmas party held at FECs premises on … Continued

A number of amendments to the Fair Work Act came into effect on 27 November 2015. These amendments are those from the Federal Government’s Fair Work Amendment Bill that was passed by the Senate and the House of Representatives. Following passage of the Bill, employers will be able to take proposed Greenfields Enterprise Agreements to the … Continued

The Home Building Amendment Act 2014 comprised of various amendments to the Home Building Act 1989. These changes commenced on 15 January 2015. There is no longer a distinction between structural and non-structural defects. There is now the two different categories of general defects and major defects. Under the Act, major defects will attract a … Continued

It is common for disputes to take place when you are in the process of building or renovating your home. These disputes may be minor or major. Major disputes often require the intervention of specialised building disputes lawyers in order for a resolution to be reached. Often the cause of these disputes are building defects … Continued

In most Australian states there is a dedicated Act of Parliament that regulates all domestic building contracts. In New South Wales the Act is the Home Building Act 1989 (NSW). Further, these Acts generally refer the resolution of any building disputes to the relevant tribunal in that state. In New South Wales, most disputes with … Continued

CTI Lawyers Alert – Building and Construction Industry Security of Payment Amendment On 1 May 2015, the Building and Construction Industry Security of Payment Amendment (Retention Money Trust Account) Regulation 2015 (“the Amendment Regulation) will take effect. This is available on the NSW Government’s legislation website (www.legislation.nsw.gov.au). Click here for a copy of the Draft … Continued

In New South Wales, a “ground-breaking” cash retention trust scheme will be established to ensure construction companies are prevented from using cash retention monies for purposes other than rectifying defects in the contract defects liability period. The scheme will particularly protect subcontractors in the industry from collapsing construction companies and the infamous “phoenix companies” who … Continued

Statutory Demand Fact Sheet – CTI Lawyers What is a Statutory Demand? This is an initiating process in Winding up a Company. A Statutory Demand is a demand made under 459E of the Corporations Act 2001 (Cth). This document is not issued by the Court. A Statutory Demand requires that the Company pay a specified … Continued

High Court says dismissal for waving offensive sign during union protest was not unlawful adverse action – CTI Lawyers In a 3-2 majority, the High Court on 16 October determined that a long serving employee of BHP Coal who was a member of the CFMEU was not dismissed for participating in a lawful protest organised … Continued

No Implied Term of Mutual Trust and Confidence in Employment Contracts – CTI Lawyers In a keenly anticipated decision, the High Court has declared that, unlike the case in the UK, Australian employment contracts do not contain an implied term of mutual trust and confidence (the Implied Term).

Don’t get ripped off by Phoenix Companies! There has been a recent crackdown on the construction industry relating to ‘phoenix companies’. A phoenix company relates to companies who suddenly shutdown their company with the intent to evade outstanding debts and then start trading again under a new company. The new company is often operated under … Continued

On 11 September 2014, the Building and Construction Industry Payments Amendment Bill 2014 was passed by Parliament in Queensland. These amendments will affect the provisions in the Building and Construction Industry Payments Act 2004 (Qld). Note however these amendments only come into effect and become law on a date to be fixed by proclamation which … Continued