In 2018, Victoria became the third state in Australia to pass legislation (the Labour Hire Licensing Act 2018 (the “Act”) that implemented labour hire licensing requirements. With the implementation of this Act, providers and host employers now have obligations they need to comply with, otherwise they face heavy penalties for any unlawful conduct. To…

  In 2018, Victoria became the third state in Australia to pass legislation (the Labour Hire Licensing Act 2018 (the “Act”) that implemented labour hire licensing requirements. With the implementation of this Act providers and host employers now have obligations they need to comply with otherwise they face heavy penalties for any unlawful conduct.  …

Contact the Constructive Legal Solutions team via telephone on 1300 632 247 or at admin@constructivelegalsolutions.com.au for more information on this topic or any other legal enquiry. Time and time again, trades include the phrasing “This is a payment claim made under the Building and Construction Industry Security of Payment Act 2002 (Vic)” on their payment claims; and…

It is no surprise that during and post the COVID pandemic some business-aid organisations have intensified their use of numerous questionable tactics when trying to engage new customers. This may include instilling fear in small business owners, who may not be across all the legalities surrounding their employees, to relentlessly pursuing prospects for a sale….

The High Court of Australia issued 2 decisions in February 2022 addressing this very question. The decisions provide greater clarity to businesses in how to hire an independent contractor correctly. Business owners need to urgently review their independent contractor contracts they have in place to ensure they are comprehensive and meet the requirements established by…

Welcome back to part 2 of our unfair preference claims series, and arguably the most important part, you’re going to want to bookmark this one for future reference! Defences to Unfair Preference Claims   There are three (3) main defences to an unfair preference claim: The good faith defence; The running account/continuous business relationship defence;…

  Unfortunately, some Australian businesses have not survived post pandemic, or have continued trading under questionable circumstances. These events will have a domino effect on creditors, whereby the dreaded preferential claim, needs to be carefully considered. What is an unfair preference claim?   An unfair preference claim, pursuant to section 588FA[1] of the Corporations Act 2001 (Cth) (Act),…

It is no surprise that the multiple lockdowns and restrictions imposed by governments due to COVID-19 has caused serious financial strain on many Australian businesses. Although we can now see the light at the end of the tunnel, some businesses are yet to recover and/or are struggling to re-establish their cash flow to keep them…

Mediation is a process that can assist your business in addressing disputes that emerge in your day-to-day operations. This can be anything from disputes with employees to disputes with builders, suppliers or subcontractors. Common disputes Disputes with employees is common in any business and can be about a wide range of issues from: Wage rates…

From 23 November 2021, employers will be required to apply the compounding approach when calculating the pay of their casual employees who work overtime. This means that the casual loading rate of 25% will apply to their ordinary hourly rate before the application of the relevant penalty rate. Therefore, the employer is required to pay…

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