Legal Insights
Employer found to have taken adverse action against Union delegates by making them redundant
In the recent Federal Circuit and Family Court Decision of Australian Manufacturing Workers Union v United Lift Services Pty Ltd [2023] FedCFamC2G 275 (17 April 2023), it was found that the employer took adverse action against two union delegates (employees) when it retrenched them 4 hours before the deadline for voluntary redundancies.
What builder liquidation means for Victorian homeowners
Following the well documented spike in mid and post-pandemic costs, driven largely by inflation and global supply shortages, many industries have seen the cost of doing business increase significantly. For many of these industries, in order to remain viable, these additional costs have been (at least in part) handed on to the consumer. Unfortunately for those in the domestic building industry in Victoria, this option is not always available.
Two Harwood Andrews Principals Recognised as Best Lawyers® Award Recipients
Harwood Andrews is pleased to announce that 2 lawyers have been included in the 2024 edition of The Best Lawyers in Australia™. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.
Long Standing Harwood Andrews Principals Set to Retire.
After many years of dedicated service, two of our Harwood Andrews Principals have announced their retirement from legal practice.
Harwood Andrews Planning & Environment Ranked In Doyles Guide, Victoria 2023
Harwood Andrews is delighted to have been identified by clients and peers for expertise and abilities in two areas for Victoria in the 2023 Doyles Guide. Doyles Guide is a highly regarded independent annual peer review of the leading corporate law firms and lawyers in Victoria.
Family Law Practical Tips
Separation is not easy. In fact, separation is difficult whether it is your decision to separate or not.
There are many things to consider when contemplating separation or you have separated such as your health (including your safety and wellbeing together with any children), care arrangements for children, your financial stability both in the short term and long term and also interactions with your former partner or spouse.
Debts in Family Law matters
In a recent case of Cao & Trong (2022) FedCFamC1F 754 (4 October 2022) the Court considered debts of the parties which exceeded the value of the matrimonial asset pool available for distribution.
Lawyers Admitted to Practice
Please join us in congratulating James Hickey and Matthew Synoradzki who were both admitted to the Supreme Court of Victoria as Lawyers on Tuesday 8th March 2023. A great achievement after many years of study and hard work.
Paid Family and Domestic Violence Leave Entitlement Comes Into Force
New changes to the Fair Work Act 2009 (Cth) (FWA) as of 1 February 2023 have introduced paid family and domestic violence (FDV) leave for employees who are dealing with the impacts of FDV.
FWC delivers another employee v independent contractor decision, post High Court ruling in Personnel Contracting
The FWC has recently delivered a ruling involving an analysis of an employee v independent contractor relationship post the High Court’s landmark decisions of Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 (Personnel Contracting) and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 (Jamsek) in this area last year.
Wrong company name on proposed EA found not to be a minor error
Commissioner Platt of the Fair Work Commission (FWC) in the recent decision of Healthe Care Surgical Pty Ltd T/A Healthe Care [2023] FWC 183 (20 January 2023), has dismissed an application for a proposed Enterprise Agreement (EA) on the basis that the employer used the wrong company name on the Notice to its employees.
HR Manager misled FWC to get EA approved
The Fair Work Commission (FWC) is presently considering referring the head of human resources for hospitality giant Mantle Group to the police after finding that he purposefully lied about a pay deal that deprived hundreds of workers of their penalty rates.
Bridgette Kelly Returns to Harwood Andrews
Harwood Andrews is pleased to announce the appointment of Bridgette Kelly to Principal Lawyer, effective January 2023.
Harwood Andrews Promotions - January 2023
Harwood Andrews has commenced 2023 by announcing promotions across four areas of practice.
Gifts or Loans To Children
December is a time for giving, and you may be considering providing your child or children with financial assistance through either a gift or a loan. Before making a gift or loan, you should consider the future implications, particularly in relation to your will if you pass away.
Pay secrecy clauses now prohibited – one of many changes courtesy of the Secure Jobs, Better Pay Act
With the recent passing through both houses of Parliament of new legislation in the form of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (the Act), a raft of changes to the Australia workplace relations landscape are already in effect.
Respect@Work legislation has passed – what this means for workplaces
On 28 November 2022, the Government passed the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022, marking a commitment to implement the recommendations coming out of the 2020 Sex Discrimination Commissioner’s Respect@Work Report (the Report).