Lewis Holdway News
“Don’t Delay! Payment Claim!” – Top 5 Common Misconceptions of the Security of Payment Regime
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…
Changes to Modern Award annualised salary from March 2020
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…
The External Conduct Standards are here – are you complying with them?
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…
Crackdown on Underpayment of Wages
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…
Employers Beware: The Privacy Act and Employee Data
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…
Lewis Holdway is pleased to announce
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…
Protecting Your Name – legal names, business names, trademarks and domain names
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…
In the Gig Economy, some have stopped giggling
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…
New Family Violence Website
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…
Salary Sacrifice – Does it apply to Employment Termination Payments?
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…
Lewis Holdway welcomes new lawyers, Reshma Farrer and Adren Choon
We are delighted to announce that Adren Choon and Reshma Farrer have been admitted to practice as solicitors at the Supreme Court of Victoria. Lewis Holdway Principals, Natalie Fielding, Paul Holdway and John Wardlaw, said it was exciting for the firm to witness and facilitate the development of Adren and Reshma after both completing combined Bachelor…
Is This The End of Trading Names?
The Australian Securities & Investments Commission (ASIC) is working with the Australian Business Register (ABR) to retire the use of trading names in Australia. After 31 October 2018, trading names will no longer be displayed on the ABR (including the ABN Lookup). Trading names in the ABR A trading name refers to an unregistered name that businesses could use before the…