Franchising and Licensing Harwood Andrews Franchising and Licensing Harwood Andrews

Husqvarna in breach of the Franchising Code of Conduct

Husqvarna Australia (Husqvarna), a subsidiary of the Swedish Husqvarna Group, has recently signed an enforceable undertaking to the Australian Competition and Consumer Commission (ACCC) in relation to breaches of the Franchising Code of Conduct (Franchising Code), the Competition and Consumer Act (CCA) and the Australian Consumer Law (ACL).

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Employment Law and OH&S Harwood Andrews Employment Law and OH&S Harwood Andrews

Impending Changes to Long Service Leave in Victoria

On 15 May 2018 the Long Service Leave Act 2018 (Vic) (the Act) received Royal Assent with an effective date of 1 November 2018. The Act repeals and replaces the Long Service Leave Act 1992 (Vic), provides increased benefits for various classes of employees, including in particular parents and carers, and will apply to all employees in Victoria unless explicitly excluded.

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Employment Law and OH&S Harwood Andrews Employment Law and OH&S Harwood Andrews

Accounting firm found liable by Federal Court for client’s underpayment of employees

The Full Federal Court handed down a significant decision on 20 August 2018, finding that accessorial liability extends to advisors involved in underpayments. The matter of Ezy Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134 involved an appeal by Ezy Accounting (Ezy) against penalties imposed by the Federal Circuit Court for failure to advise their client of contraventions of the Fair Work Act (Act).

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Employment Law and OH&S Harwood Andrews Employment Law and OH&S Harwood Andrews

Unpaid Family And Domestic Violence Leave

In a decision handed down by the Fair Work Commission on 6 July 2018, the content of the model term providing an entitlement for unpaid family and domestic violence leave was finalised. According to the decision, the model term will be inserted into modern awards with industry and occupational coverage as part of the 4 yearly review of modern awards and will be effective from 1 August 2018.

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Sport Harwood Andrews Sport Harwood Andrews

Policy in play…for play

Player safety, fairness, and the integrity and composition of sport are all vital factors to consider in the creation and implementation of effective sport policies and procedures. Clear policies as part of a club’s governance framework provide a club, association or sport generally with guidelines to decision-making, and are an important step to mitigating potential risks that may arise.

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About Us Harwood Andrews About Us Harwood Andrews

HA Award Finalist Nomination

For the third year in a row Harwood Andrews has been recognised as an innovator and leader in the Australasian legal profession with their nomination as a finalist in the 2017 Australasian Law Awards.

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Agribusiness, Small Business Harwood Andrews Agribusiness, Small Business Harwood Andrews

Crowd-sourced equity funding: First steps

Equity crowd funding has taken some first, tentative practical steps.  The new crowd-sourced funding (CSF) regime that started at the end of October 2017 - designed to reduce costs and red-tape for start-ups and SMEs looking to raise capital from a large number of small investors – is still being tweaked, as proprietary companies were excluded from eligibility.  This will be rectified with a bill currently before the Parliament. 

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Employment Law and OH&S Harwood Andrews Employment Law and OH&S Harwood Andrews

High price for assisting others to contravene the Fair Work Act

In May 2017, the Federal Circuit Court (FCC) found the accountant’s client, the operator of a Japanese restaurant chain in Melbourne, underpaid its workers and thereby contravened the Fair Work Act. Critically though, the judge found the accounting firm, which provided the restaurant with book-keeping services, knew its client underpaid its employees and had ‘deliberately shut its eye as to what was going on’.

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