Important amendments to the Fair Work Act 2009 have now come into effect. While several proposed amendments were jettisoned in the Senate, the Bill as finally passed does result in significant changes. Employers in particular should take note of the following amendments.

The Fair Work Commission (Commission) has upheld a company’s smoking ban following a challenge by the Construction, Forestry, Mining and Energy Union (CFMEU). Commissioner Tony Saunders held that the employer’s direction to ban smoking at its workplace, a complex which was comprised of two open cut mines and a coal handling and preparation plant (CHPP), was lawful and reasonable.

In the lead up to the festive season, the Federal Court has confirmed that Chrisco’s lay-by agreement included an unfair contract term in breach of the Australian Consumer Law (ACL).

The Australian Charities and Not-for-profit Commission (ACNC) has revoked the charitable status of 169 organisations for failing to comply with their reporting obligations for two or more consecutive years.  This means that these organisations will lose access to all Commonwealth tax concessions, such as exemption from income tax, to which they were previously entitled.

In Taxpayer Alert TA 2015/4 (Alert) the Commissioner has issued a warning that the Australian Taxation Office is actively investigating arrangements involving a general limited partnership structure that are being used as a vehicle to minimise the tax liability of individual stakeholders involved.

A recent decision of the Victorian Civil and Administrative Tribunal has confirmed further restrictions on the ability of Owners Corporation rules to regulate the use of lots. This decision follows an earlier ruling that Owners Corporations are unable to stop short term leasing of apartments.

The Australian Charities and Not-for-profits Commission and the Australian Business Register (ABR) have signed an agreement to transfer information between the ABR and the Charities Register. This means there will now be continuous data sharing between the registers and inconsistencies between them will be reduced.

The Federal Treasury  has released for public comment Exposure Draft legislation, the Tax and Superannuation Laws Amendment (2015 Measures No 6) Bill 2015:  Small business restructure rollovers to amend the Income Tax Assessment Act 1997, to enable small businesses to defer tax consequences arising in relation to the transfer of capital gains tax assets, depreciating assets and trading stock revenue assets that occur in the context of a business restructure.

From the 9 November 2015 Victoria joins Western Australia and South Australia in requiring the identity of signatories to all documents lodged at the Titles Office, and for those who are given custody of a certificate of title, to be verified.