Articles
Our articles are published by Sarah Stoddart. Sarah writes our articles on changes to legislation, relevant case law and other topics of interest to keep clients informed and up to date.
The Devil Is In The Detail – The Importance Of Legal Due Diligence
Deciding whether to purchase a business is not an easy decision. It is daunting and there are a number of stages to be fulfilled before achieving completion. One of the first stages is completing due diligence investigations.
Recognising Service on Transfer of Business
Employees are one of the most important and valuable assets of any business. However, when the business is transferred to a new owner, it is common that not all employees are retained or, if retained, not retained on the same terms. If a decision is made to change the number of employees or any terms of employment, it is important that it is dealt with, and documented, correctly.
Franchisors May Now Be Held Responsible For Contraventions Of The Fair Work Act By Franchisees
On 5 September 2017, the Federal Parliament passed amendments to the Fair Work Act 2009 (Cth) which, among other things, have the effect of making franchisors responsible for underpayment of wages to the employees of their franchisees in certain circumstances.
Pharmacy Industry Award 2010 – Amendments to Operate from 11 September 2017
On 17 August 2017, the Fair Work Commission made its determination in respect of the 4 yearly review of the Pharmacy Industry Award 2919. The determination comes into operation from 11 September 2017 and takes effect at the start of the fully pay period that starts on or after 11 September.
Judicial Consideration of Rule 136 Of The Pharmacy Location Rules
A recent decision of the Administrative Appeals Tribunal (“Tribunal”) has provided further insight into particular elements of the requirements of Rule 136 – New pharmacy (large medical centre) of the Pharmacy Location Rules (“Rules”).
Amendments To The Retail Shop Leases Act 1994 (Qld)
On 25 November 2016, the amendments to the Retail Shop Leases Act 1994 (Qld) commenced. Given the extensive amount of amendments to the legislation, this alert focuses only on those amendments most likely to affect small business and retail landlords and tenants. Please contact us if you require information on amendments not referred to in this alert.
Same Location, Different Size? Expansion and Contraction Applications Under Pharmacy Location Rules
The Pharmacy Location Rules are not only about relocations and new pharmacies. There are also requirements for applications to be lodged and approved where there is to be an expansion or contraction of a pharmacy premises.
With the busiest season behind retailers for another year, pharmacy owners are considering changes to their businesses. Those changes may include changes to the pharmacy premises including possibly expanding or contracting the size of the existing pharmacy premises in which case, an application under the Pharmacy Location Rules is required.
When Festive Fun Turns to Fire – Protecting Employers from the Legal “Hangover”
It is that time of year again, when employers reward their employees with a Christmas function and employees get excited about the upcoming social functions. But what will be the cost of the festive fun to the employment relationship?
A few drinks can quickly result in a serious legal “hangover” for employers. Employers need to be proactive and take steps to ensure they have the best protection against a potential claim following work related functions.
Employment Matters – Dismissing An Employee? Be Sure To Tick All Of The Boxes!
A recent decision of the Fair Work Commission (“Commission”) highlights the importance of ensuring compliance with all relevant factors when dismissing an employee for unsatisfactory performance.
The case emphasises that although an employee’s performance may warrant dismissal, failure to advise the employee of the employer’s intentions or to afford the employee the opportunity to have a support person present may result in a successful claim
for unfair dismissal.
Contract Matters
In a recent Queensland Supreme Court case, it was held that a writte notice served on a franchisee did not validly terminate a franchise agreement because it did not comply with the Franchising Code, despite the Code not being referenced in the agreement. Our article explains why.
Creating Family Friendly Workplaces
On 28 June 2013, the Fair Work Amendment Bill 2013 (Cth) received Royal Assent. This article highlights some of the
key changes to the legislation including the creation of more family friendly workplaces and the need for genuine consultation with employees with regards to changes to rosters and hours of work.