Insights

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FWA knocks off opt-out clauses

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Enterprise agreement “opt-out” clauses are not a safe bet but that there are alternative ways to reward and engage employees covered by enterprise agreements (EAs). Recently, Fair Work Australia (FWA) has put an end to...

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Australian Industry Steels Itself for Another Dumping Investigation

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In very recent times there have been a number of dumping and subsidy investigations and associated measures affecting materials used in the construction, manufacturing and automotive industries. This has included the following: Dumping and subsidy...

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Cyber Police to get More Powers to Monitor our Activity in Cyberspace

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Cybercrime is a growing threat as we exchange more and more information online. Cybercrime has already overtaken the drug trade worldwide as the most profitable form of all crimes due to the opportunities that cybercriminals...

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Change of Policy on FIRB Approval for Foreign State-Owned Enterprises

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Brian Wilson, the Chairman of the Foreign Investment Review Board (FIRB), told a Senate Committee on 16 August 2012 that FIRB will publish guidelines to clarify requirements for FIRB approval for investments in Australian entities...

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Living Away from Home Benefit Reforms: Are you Prepared for the Changes?

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On 28 June 2012, the federal government introduced the Tax Laws Amendment (2012 Measures No. 4) Bill 2012 (Bill) into parliament which, if passed in its existing form, will drastically alter the tax treatment of...

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CTT Container Detention Fees Likely to Become a Bigger Pressure Point

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From 1 August 2012, several container shipping lines have reduced the “free” container time from 10 days to seven days.  The CBFCA and the VTA have already expressed their significant concern regarding the move and...

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Government Signals Reforms to Address Concerns Over Gene Patents

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Our article “Raising the bar? The new patent law reforms and their impact on patentability of genetic material” (“August article”), published in the August 2011 issue of the AIPLB, explored upcoming reforms to Australian patent...

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Review of the Fair Work Act Released Yesterday

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On 20 December 2011 the Hon Bill Shorten MP announced the appointment of a three-member panel to review the operation of the Fair Work Act 2009 (FW Act) and related legislation.  In particular, the Panel...

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When Workplace Grumbles are Shouted Through a Social Media Megaphone

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Facebook is a word that did not appear in decisions of Fair Work Australia (FWA), the federal industrial tribunal, until 2009. Since that first mention, there have been over 20 decided cases involving unfair dismissal...

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Directors’ Personal Liability for Company PAYG and Superannuation Obligations

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On 29 June 2012 the Tax Laws Amendment (2012 Measures No. 2) Act 2012 received royal assent. The legislation has been introduced to expand the director penalty regime; making directors now personally liable for their...

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Turning Green: Environmental Upgrade Agreements

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The Environmental Upgrade Agreements (EUA) are an innovative and new way for the Victorian and New South Wales (NSW) governments to try to stimulate energy efficient upgrades of commercial buildings. They are finding popularity as...

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Six Months in, How the PPSA may be impacting Your Business

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The Personal Property and Securities Act 2009 (Cth) (PPSA), which came into effect on 30 January 2012, changes the way in which security interests in personal property are managed across Australia. There is now one...

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