Norman Waterhouse

 

 

Normans Briefly

In this issue

Welcome to the March edition of our Corporate and Commercial Briefly.

>   Walking the Talk - Industrial Relations in the Real World
>   Employment – Summary Dismissal Based on the Opinion of Serious Misconduct
>   Corporate & Commercial – AS 11000 General Conditions of Contract - A new era for Standards Australia
>   Employment – Out-of-hours Facebook posts can constitute conduct “at work”
>   Corporate & Commercial – ACNC reporting

Walking the Talk - Industrial Relations in the Real World

Walking the Talk - Industrial Relations in the Real World
Following our highly successful industrial relations conference in 2014, the Norman Waterhouse Employment and Industrial Relations Team invites you to join them again for a full day of in-depth and interactive analysis of workplace issues on the 10th of April 2015.

Please click here to view the program and register.


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Employment – Summary Dismissal Based on the Opinion of Serious Misconduct

A recent decision of the Supreme Court of New South Wales has demonstrated how carefully drafted employment agreements can provide employers with greater opportunity and scope to summarily dismiss employees for serious misconduct. 

In Bartlett v Australia and New Zealand Banking Group Limited [2014] NSWSC 1662, the Australia and New Zealand Banking Group (ANZ) successfully defended against a claim in excess of $9 million for an alleged breach of an employment contract for the termination of a senior executive.

Please click here to read more.



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Corporate & Commercial – AS 11000 General Conditions of Contract - A new era for Standards Australia

In my last article, I considered the new draft General Conditions of Contract, AS 11000 issued by Standards Australia. AS 11000 is proposed to replace AS 2124-1992 and AS 4000-1997, both of which are widely used throughout the construction industry.

In this article I consider the new draft General Conditions of Contract AS 11000 as they relate to issues of delay and extensions of time.

Please click here to read more.



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Employment – Out-of-hours Facebook posts can constitute conduct “at work”

The full bench of the Fair Work Commission recently confirmed that the definition of ‘at work’ is not limited to a purely physical workplace. In fact, the definition may extend and include employees making Facebook posts outside working hours. This was found to be the case in Bowker & Ors v DP World Melbourne Limited & Ors [2014] FWCFB 9227.

The facts and arguments

Three employees (the Applicants) made an application to the Fair Work Commission (the Commission) for an order to stop bullying against DP World Melbourne Limited and their union, Maritime Union of Australia (the Respondents) under section 789FC of the Fair Work Act 2009 (Cth) (the Act). The Applicants alleged various acts of bullying from the Respondents and this included the Respondents’ unreasonable and insulting comments on Facebook.

Please click here to read more.



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Corporate & Commercial – ACNC reporting

Extension of transitional arrangements

In previous editions of our Corporate and Commercial Briefly we have reported on the obligations of charities registered with the Australian Charities and Not-for-Profits Commission (ACNC) to lodge annual information statements and financial reports with the ACNC.

For charities operating on a 1 July to 30 June reporting period, the annual information statements and annual financial reports must be lodged with the ACNC by 31 December.  For those operating on a 1 January to 31 December reporting period, those reports must be lodged by 30 June. These reporting obligations are in addition to any other reporting obligations that a registered charity may have under other laws such as the Associations Incorporation Act (SA).

Please click here to read more.



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