Have you served a payment claim for works your company has undertaken? When serving payment claims under the NECA Legal advises that when serving payment claims under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act) it is crucial to ensure the validity of such a claim to guarantee its enforceability. A … Continued
The recent decision of the Full Federal Court in Australian Competition and Consumer Commission (ACCC) v Quantum Housing Group Pty Ltd (2020) (Quantum Housing Group case) has clarified the law regarding unconscionable conduct. This is a crucial decision for consumers and small businesses as it expands the scope for which unconscionable conduct is prohibited in … Continued
A recent decision of the Fair Work Commission, Ms Bou-Jamie Barber v Goodstart Early Learning, has considered whether it was lawful and reasonable for an employer to terminate an employee who refused to obtain a flu vaccination that was directed by the employer. In this case, the dismissal was valid on the basis that the … Continued
The Fair Work Act 2009 (Cth) (‘Act’) enables union officials to enter workplaces for specific purposes. This may include the investigation of suspected breaches of the Act or the exercise of rights under state work health and safety laws. However, a question has been raised as to whether union officials have an obligation to show … Continued
From 20 November 2020, employers are now required to apply the compounding approach when calculating the pay of their casual employees who work overtime. This means that the employee is required to pay time and a half, double time and double time and a half on the rate that is inclusive of the casual loading. … Continued
The Fair Work Act 2009 (Cth) (Act) states that a worker is bullied if an individual or group of individuals “repeatedly behaves unreasonably towards the worker or a group of workers of which the worker is a member” while the worker is at work and the “behaviour creates a risk to health and safety”. The … Continued
On 30 September, the Fair Work Commission extended the operation of Schedule I in the Clerks Private Sector Award until 30 November 2020. Schedule I contains various provisions aimed at preserving the business viability during the COVID-19 pandemic. For administrative employees covered by this Award, subject to meeting all of the requirements in Schedule I, … Continued
The Covid-19 pandemic has had drastic impacts on the Australian economy. The Australian Federal Government has implemented schemes such as JobKeeper in response to preserve the employer-employee relationship and keep businesses and employees in work. The second phase of the JobKeeper scheme begins from 28 September 2020. It allows legacy employers who were previously qualified … Continued
Several key amendments to the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (‘Act’) have been released by the Queensland Government that will impact on NECA members in QLD. A number of changes will come into operation on 1 October 2020 concerning new offences that are now subject to penalties, supporting statements for payment … Continued
It’s coming up to that time again, where we wrap up the year, celebrate the successes of the past 12 months and enjoy in Christmas festivities. With the holiday season fast approaching it is also important for businesses to remember that this time of year can come with its own specific issues that need to … Continued
In accordance with the contract of employment and the Fair Work Act 2009 (Cth) (‘Act’), employers have a legal right to terminate the employment of their employees. Where an employee believes they have been unfairly dismissed or terminated due to discrimination, or the employee exercising a workplace right, the employee may apply for an unfair … Continued
From the 28 September 2020, QBCC will be making changes to their accepted payments methods. They will no longer be accepting cash, cheque or money orders as payments. Payments will be made through credit card, BPay and any direct debit services. These payments will extend to payments accompanying an adjudication process. Why is this an … Continued