Building and construction industry industrial relations have experienced tumultuous events this year. Employers have witnessed the first anniversary of the commencement of the Code for the Tendering and Performance of Building Work 2016 (Code 2016), the revival of the...
The new and very serious offence of “Industrial Manslaughter” was introduced to Queensland on 23 October 2017, when the Queensland Parliament passed the Work Health and Safety and Other Legislation Amendment Act 2017 (“Act”). The Act represents the Palaszczuk...
To create an environment free from unlawful discrimination, bullying and harassment, employers know they should be prepared to recognise and prevent conduct which might give rise to these complaints in the workplace. But what employers need to also know now is that...
The Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Cth) (‘the Act’) makes significant changes to the Fair Work Act 2009 (Cth). These legislative changes apply to all employers, companies and employees covered by the Fair Work Act, including certain...
Two major developments occurred in 2017 for the labour hire industry, and those engaging labour hire: A mandatory licensing scheme is set to be introduced in Queensland, impacting any business that engages with temp agencies, or any form of labour hire. Contractors...
The Federal Circuit Court has found that truck driver, (Mr. Skene) engaged on a casual basis under an enterprise agreement and who worked regular rosters, was entitled to annual leave under Part 2-2 of the Fair Work Act 2009 (FW Act). The finding of an entitlement to...
Are enterprise agreements on the way out? The Fair Work Commission’s Annual Report 2016-17 highlighted: Fewer businesses are making enterprise agreements; The FWC are approving fewer enterprise agreements; The number of enterprise agreement applications being...
2017 has seen significant legislative changes at both the Commonwealth and the Queensland level, but while the Commonwealth changes (being the introduction of safe harbour) demonstrate a shift away from the imposition of rigid requirements upon corporate entities, the...
This article was amended on 24 May 2018. On 26 October 2017 the Queensland Parliament passed the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (“BIFA”). It will commence on a date set by proclamation (which has not yet occurred). In addition to...
A recent Court of Appeal decision has highlighted the need for careful drafting of agreements to anticipate changes to legislative requirements and industry standard contracts (JLF Corporation Pty Ltd v Matos [2016] QCA 355). This decision also confirmed that option...
Property developers and body corporate managers need to be aware of the recent High Court decision concerning the test of “reasonableness” in relation to body corporate decisions. INTRODUCTION The recent High Court decision in Ainsworth & Ors v Albrecht & Anor...
James has a wealth of experience in building and construction, property, commercial litigation, debt recovery and insolvency matters, and specialises in body corporate and community management disputes and levy collections. James approaches dispute resolution...