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“Don’t Delay! Payment Claim!” – Top 5 Common Misconceptions of the Security of Payment Regime

By Michael Pettit / November 22, 2019 /

The Building and Construction Industry Security of Payment Act Regime (SOP Act) has proven to be an effective way for sub-contractors and contractors in the construction industry to be paid on time for their services. The SOP Act operates unlike any other piece of legislation. It was enacted to address: protracted and unjustified delays in…

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Changes to Modern Award annualised salary from March 2020

By Michael Pettit / October 8, 2019 /

The Fair Work Commission (FWC) has recently handed down a decision which will impact employers paying annualised salaries to employees covered by a Modern Award with an annualised salary clause. The new changes will take effect from 1 March 2020. The FWC decision finalises the terms of 3 new standard ‘annualised salary arrangement’ clauses, which…

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The External Conduct Standards are here – are you complying with them?

By Lewis Holdway / September 20, 2019 /

The Australian Charities and Not-for-profits Commission (“ACNC”) External Conduct Standards have now taken effect. The standards apply to all registered ACNC charities that operate overseas or work with a third party that operates overseas. Are your directors and responsible persons aware of how these standards may apply to your charity? On 23 July 2019, the…

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Crackdown on Underpayment of Wages

By Lewis Holdway / August 9, 2019 /

Federal Parliament is foreshadowing strong new penalties for employers who underpay their workers, including the introduction of criminal penalties. Recent Cases Underpayment has hit the headlines recently as George Calombaris has been ordered to pay a fine of $200,000 for the underpayment of $7.8 million. The penalty of $200,000 has been labelled as inadequate by…

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Employers Beware: The Privacy Act and Employee Data

By Lewis Holdway / August 9, 2019 /

By Micaela Manning Did you know that the Privacy Act 1988 (Cth) could apply to personal information that you collect from your employees? At the start of their employment, you collect lots of information from your employees: contact details, their previous employment history, academic record, medical information, superannuation details and bank account details. Once they…

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Lewis Holdway is pleased to announce

By Lewis Holdway / July 25, 2019 /

Lewis Holdway Lawyers is pleased to announce the appointment of Nahum Ayliffe, Senior Associate in the Dispute Resolution practice group Nahum Ayliffe is an experienced dispute resolution lawyer with a focus on complex insolvency and commercial disputes. With qualifications in commerce and law, Nahum advises liquidators and trustees along with company directors, and has successfully…

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Protecting your name – legal names, business names, trade marks and domain names

Protecting Your Name – legal names, business names, trademarks and domain names

By Lewis Holdway / May 20, 2019 /

By Reshma Farrer   One of the most valuable assets for businesses is their name. It is how customers know who you are and whether they can trust you. However, often businesses have more than just one name – they could have their legal name, business name, trademark or domain name – and each of…

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In the Gig Economy, some have stopped giggling

By Lewis Holdway / April 1, 2019 /

A recent decision by the Fair Work Commission (‘FWC’) found that a former Foodora rider was an employee rather than an independent contractor as purported by the delivery platform and therefore entitled to unfair dismissal protection. The decision of Joshua Klooger v Foodora Australia Pty Ltd could have far-reaching impact for other gig economy companies…

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New Family Violence Website

By Lewis Holdway / March 25, 2019 /

National Legal Aid has recently launched a website called “Family Violence Law Help” for people affected by family violence. The website contains comprehensive information on various aspects of family violence, family law and where you can get help. You can access the website here. Family violence is behaviour that controls someone or causes someone to…

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Salary Sacrifice – Does it apply to Employment Termination Payments?

By Lewis Holdway / February 11, 2019 /

We recently acted for a Not For Profit organisation in a Fair Work Commission dispute. There was an issue related to the payment of an Employment Termination Payment (‘ETP’) to the terminated employee, namely whether ETPs can be salary sacrificed? Salary Sacrifice Arrangement A salary sacrifice arrangement (‘SSA’) or salary packaging or total remuneration packaging…

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Lewis Holdway Lawyers

+613 9629 9629

+613 9629 9630

reception@lewisholdway.com.au

Level 2, 91 William Street, Melbourne, 3000

P.O. Box 138, Collins Street West, Victoria 8007

DX Mail: DX 650 Melbourne