Articles

Poor cashflow and insolvency are two unfortunate issues that plague the construction industry in Australia. It is reported that in the 2022-2023 financial year alone, over 2000 building companies went into liquidation. The risk of non-payment is therefore as real as ever. To finally receive payment from a debtor through debt recovery methods is always … Continued

The Albanese Government’s 2022 election commitment was to close the gender pay gap.  The proposed Workplace Gender Equality Amendments (Closing the Gender Pay Gap) Bill 2023 (the Bill) is before the Senate and was circulated by the Minister for Women, Senator the Honourable Katy Gallagher.    Since the start of 2023, the government has legislated … Continued

The new Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Bill 2022 (the Bill) was passed through the House of Representatives on 9 February 2023.  Pending passage through the Senate, the Bill will need to be passed by March 2023, so parents expecting to give birth or adopt, on or after 1 July … Continued

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