Currently there are a number of modern awards which include a casual conversion clause which broadly provides employees with the right to convert to permanent employment if employed on a regular and systematic basis, for a period of 6 or 12 months (depending on the award). The Fair Work Commission has recently finalised a model [...]
We are often approached by landlord clients who are faced with the following tricky decision: Should I consent to a lease assignment (transfer) at my commercial property in circumstances where the proposed new tenant has few assets and little business experience? It is a stressful decision, particularly where the current tenant looks to be in [...]
Are you a manufacturer? Do you communicate with consumers of your products? If you are a manufacturer, it is important that the representations made to consumers align with the Australian Consumer Law. Communications, and sometimes even a response of silence; can potentially be a breach of the law if found by a court to be misleading or [...]
The November 2016 amendments to the Australian Consumer Law (which extended the prohibition on ‘unfair terms' to contracts with small businesses) are starting to bite. Enforcement action by the ACCC since the amendments were introduced have demonstrated the Commission’s strong desire to get tough on onerous standard terms contracts. Under the amended legislation, some contracts [...]
