Norman Waterhouse
   
Norman Waterhouse

 

 

Normans Briefly

In this issue

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

>   Employment – How to test if your workers are high or drunk
>   Laws on unfair contract terms to apply to B2B standard form contracts
>   Estate Planning – The ties that bind us
>   Fair Work Commission terminates 12 Enterprise Agreements

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Employment – How to test if your workers are high or drunk

As I mentioned at our Walking the Talk conference held in April this year, the debate surrounding whether urine or saliva sampling is the most appropriate method for workplace drug testing has been put under the microscope in a recent decision of the Fair Work Commission (FWC).

In Construction, Forestry, Mining and Energy Union v Port Kembla Coal Terminal Limited [2015] FWC 2384, the FWC gave an employer the right to randomly test its employees for drug use using either a urine or saliva test.

Click here to read more.



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Laws on unfair contract terms to apply to B2B standard form contracts

In previous editions of Briefly we have reported on the “unfair contract terms” provisions of the Australian Consumer Law (ACL). These provisions came into operation on 1 January 2010 and currently only apply to standard form contracts for the supply of goods or services wholly or predominantly for personal domestic or household use or consumption. In other words, they do not currently apply to “business to business” transactions.

Last month, the Federal Government announced that it has released draft legislation to extend these provisions to the small business sector. 

Click here to read more.



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Estate Planning – The ties that bind us

In the last few estate planning articles published in Briefly, we have highlighted some of the strategies that can be used when preparing a Will, that enables the Will maker to implement an estate plan that meets their needs. In some circumstances though, the Will alone will not be enough to implement the estate plan that the Will maker wanted to put in place. In these circumstances, processes and documentation outside of the Will may be beneficial to properly implement an estate plan for a Will maker. In this article we will look at a few of the strategies that can be used to better implement an estate plan and to lessen the risk of a challenge to an estate planning process once the Will maker has passed away and the estate plan is being implemented. 

Click here to read more.



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Fair Work Commission terminates 12 Enterprise Agreements

A recent decision of the Fair Work Commission (FWC) has been described as a ‘significant victory for business’ by industrial relations journalist Ewin Hannan.

In Aurizon Operations Limited; Aurizon Network Pty Ltd; Australia Eastern Railroad Pty Ltd [2015] FWCFB 540 the Full Bench of the FWC found that it was not contrary to the public interest to terminate 12 enterprise agreements that contained a number of legacy provisions unsuitable for Aurizon’s business. 

Click here to read more.



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