The FWA provides a different scheme to deal with the transfer of employment rights and obligations if there is a “transfer of business” and a new employer takes on employees of the old employer.

In the last fortnight, Fair Work Australia (FWA) has taken the controversial move of halting the vote on three separate enterprise agreements following claims by interested unions that the employers’ were not bargaining in good faith.

Self insured employers may have experienced cases where an injured worker declines to attend a medical examination by the Medical Panel upon legal advice. There is a school of thought amongst lawyers acting for injured workers that the relevant sections of the Workers Rehabilitation and Compensation Act 1986, are invalid and /or do not grant compensating authorities the power to refer medical questions to the Medical Panel.

The Australian Taxation Office (“ATO”) has recently released a draft self managed superannuation fund Determination (SMSFD 2008/D1) which examines how the laws governing binding death benefit nominations apply to self managed superannuation funds.

The proposed changes to consumer law that we described in our Spring edition of the DW Report (Are Your Contracts Void?) are expected to take effect after 1 July 2010.

Contributions to a complying superannuation fund may come from various sources and are not normally regarded as ordinary income of the fund under the income tax law.

For many of us, insurance renewals are automatic. This applies to our business, professional and liability insurance as much as it does to our motor vehicle, house and contents insurance.

On 17 April 2008, Justice French of the Federal Court of Australia handed down a decision that will potentially have significant implications for organisations with staff that create intellectual property that their employer wishes to claim as its own.

Recent amendments to the Workers Rehabilitation and Compensation Act, 1986, have established a new system of Provisional Liability

You may remember back in October 2009 we alerted you to a new bill being introduced into parliament to amend the Liquor Licensing Act 1997. The bill contained some exciting amendments for holders of a Producer’s Licence.

The Rann Government has recently introduced an amending Bill which seeks to amend the WorkCover scheme in response to an independent review of the system carried out by Alan Clayton and supported by actuary, John Walsh.

In 2004, the Government introduced legislation to reduce the number of gaming machines in the state by 3,000 in a bid to reduce gambling. So far, only 2,200 have been removed from licensed premises.

The decision of Windeyer AJ in ASIC v Somerville & Ors [2009] NSWSC 934 illustrates the potential for exposure of legal, accounting and other professional advisors to liability if they facilitate improper corporate conduct, and serves as a warning for those who overstep the legitimate boundaries when providing legal or financial advice.

Retention of title (ROT) clauses or “Romalpa” clauses have become commonplace in contracts for the supply of goods.

It has been announced that in April 2011 a new national system for business name registrations will commence. Each State of Australia has agreed to refer their business name registration powers to the Federal Government so that a uniform system can be established. The new system will be administered by the Australian Securities and Investments Commission [ASIC] which also controls the registration of companies.

Discrimination against employees with disabilities is a significant problem and a difficult issue for employers to deal with.

The FWA provides a new framework for enterprise bargaining which does not use any concept of union or non-union agreements. Instead, an agreement is made when approved by a valid majority of the employees to whom it will apply.

The current state of the world’s economy is unfortunately taking its toll on many businesses. We hear about these hardships almost on a daily basis.

Registered employers should have an understanding of the process and be prepared, where necessary, to play a proactive role in the management of an injured worker’s claim for compensation.

In the current economic climate, businesses may be experiencing greater delays in the collection of outstanding debts and an increased incidence of disputes, genuine or otherwise, in relation to accounts rendered.