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Impact of Unfair Contracts Legislation felt in Franchising

29 Jun 2009

The proposed amendments to the Trade Practices Act may mean that common clauses in franchise agreements will be rendered void. In this article, we highlight the types of clauses in franchise agreements that could be affected.

Grievance procedures must be followed

In a decision handed down earlier this month, the Federal Court held that a grievance procedure in an Australian Workplace Agreement (“AWA”) must be applied by the employer despite the fact that the wording was ambiguous. The court effectively held that grievance procedures were included in workplace agreements for the benefit of the employee and any ambiguity must be interpreted in favour of the employee.

Owners Corporation

The term Owners Corporation replaces the familiar concept of a Body Corporate. If you are planning on subdividing land or purchasing a property that is subject to an Owners Corporation, you need to be aware of all requirements and potential liabilities. Similarly, all Owners Corporation Managers should procure specialist legal advice if and when an Owners Corporation issue arises.

Agreement making can address Pharmacy Guild’s criticisms of Modern Award

The Pharmacy Guild of Australia has recently made submissions to the Australian Industrial Relations Commission, critical of the Pharmacy Industry Award which will apply from 1 January 2010.