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We often receive enquiries from businesses that want to prevent resellers and distributors from selling their products on websites such as Ebay, because they believe that the sale of their products at discounted rates on the internet causes damage to their brands. It is important for businesses to understand that taking action against rogue resellers and distributors in such circumstances may amount to “exclusive dealing” under the provisions of the Trade Practices Act 1974 (Cth).
The new world of enterprise agreement making commenced operation from 1 July 2009. The new agreement making regime will see a complete end to individual registered employment agreements, and the creation of new enterprise agreements.
The Fair Work Act 2009 was given royal assent on 7 April 2009 and substantially took effect from 1 July 2009, replacing the Workplace Relations Act 1996 is arguably the most significant change to workplace relations since 1904.
Since 28 March 2008, the Australian Industrial Relations Commission has been working towards drafting new modern awards to replace the multiplicity of federal pre-reform and transitional awards and notional agreements preserving state awards (‘NAPSAs’) currently in place.