News

What Makes You An Accessory “Involved” In A Contravention Of The Fair Work Act?

A recent case demonstrates the Fair Work Ombudsman’s commitment and willingness to protect vulnerable, exploited employees by holding not only businesses accountable for contraventions of the Fair Work Act 2009 but also external advisors who are involved in the contravention. If an advisor is found to be involved in a contravention of the Act, they will be found to have accessorial liability, and significant penalties can be imposed on them.

Severe Consequences For Knowingly Assisting In Breach Of Fiduciary Duty

The duties that arise out of a fiduciary relationship, such as those owed by a trustee to a beneficiary, are some of the most stringent the law imposes. The recent case of Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd [2018] demonstrates the serious repercussions for a third party who, while not a fiduciary themselves, knowingly assists a fiduciary in their dishonest and fraudulent conduct.

The case demonstrates that the Court is willing to order such a third party to account for their profits, including potential future profits for an unrestricted time frame.

Introduction Of Casual Conversion Clause In Modern Awards

From 1 October 2018, 85 additional modern awards now include a new casual conversion clause. All employers, who operate under an effected modern award, must be aware of their rights and obligations concerning the new model casual conversion clause.

From Microbreweries To Garden Cafés – An Overhaul Of The NSW State Planning System Reflects The Changing Face Of The Retail Sector

Australia has not been immune from the recent global changes to the retail sector.  The growing success of international heavy-weight bricks-and-mortar retailers and e-commerce retailers has significantly impacted the Australian retail landscape. In August 2018, the NSW State Government introduced improvements to the retail land use definitions, that modernise NSW’s planning laws to reflect contemporary retail practices.