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Articles by Elaina Betzel
It Depends - NFPs and charities - Are they the same or different and why does this matter?
In this edition of It depends, special counsel Carly Ashwood talks about the differences between not-for-profits and charities and why those differences matter. Keep an eye out for more videos in our Not-for-profit and charities legal 101 series in the coming weeks. Video transcript Welcome to this video in our Not-for-profit and Charities Legal 101 series. I’m Carly Ashwood, special counsel in the corporate advisory team here at Cooper Grace Ward Lawyers.
The right to disconnect: what does this mean for my workplace?
The right to disconnect has now been introduced to Australian workplaces and there are practical steps employers can take to ensure compliance. Background Earlier this year, the second tranche of the Federal Government’s significant workplace reforms passed into law, bringing major changes for employers.
The right to disconnect: what does this mean for my workplace?
Background Earlier this year, the second tranche of the Federal Government’s significant workplace reforms passed into law, bringing major changes for employers. The reforms, in combination with those passed in late 2023, introduce landmark change to Australia’s employment laws for employees, employers, independent contractors, gig workers and principals of most Australian workplaces.
It Depends – Can I access my super because I have ‘retired’? - Cooper Grace Ward
In this edition of ‘It depends’, partners Scott Hay-Bartlem and Clinton Jackson talk about whether someone can access their superannuation because they have ‘retired’. There are some potentially nasty consequences if you access your superannuation without having satisfied one of the allowable conditions. Retirement is a common one that people will look at to access their super if they’re under 65. The rules are confusing, quite complicated and easy to get wrong.
Podcast: SMSFs with CGW – Can I access my super because I have ‘retired’? - Cooper Grace Ward
In this episode of SMSFs with CGW we’re talking about whether someone can access their superannuation because they have ‘retired’. There are some potentially nasty consequences if you access your superannuation without having satisfied one of the allowable conditions. Retirement is a common one that people will look at to access their super if they’re under 65. The rules are confusing, quite complicated and easy to get wrong. Listen now on Spotify or Apple Podcasts.
Remote working arrangements: can I ask my workforce to return to pre-pandemic arrangements?
Figures released in August 2023 from the Australian Bureau of Statistics show that 37% of employed Australians still work from home on a regular basis, a figure that is 5% higher than under pre-pandemic arrangements.1 This figure sits more around 60% for those in professional roles. However, as we have progressively returned to life post-pandemic, an increasing number of employers have mandated attendance in the workplace.
Financial services business successfully defends unfair contract claim
Case facts The facts in DCZ Early Learning Pty Ltd v Semper Mortgage Management Pty Ltd [2024] QSC 120 (DCZ) were as follows: In late 2023, DCZ Early Learning (Customer) needed to settle a purchase contract before Christmas. The Customer’s broker obtained an Indicative Letter of Offer from Semper Mortgage Management (Business). The letter was subject to extensive negotiation and the fifth version of the letter was signed by the Customer, who agreed to borrow $2.4 million.
Remote working arrangements: Can I ask my workforce to return to pre-pandemic arrangements?
Several recent court decisions have tested the ‘right’ of employees to work remotely, providing further clarification for Australian employers. Introduction Figures released in August 2023 from the Australian Bureau of Statistics show that 37% of employed Australians still work from home on a regular basis, a figure that is 5% higher than under pre-pandemic arrangements.[1] This figure sits more around 60% for those in professional roles.
Remote working arrangements: can I ask my workforce to return to pre pandemic arrangements?
Introduction Figures released in August 2023 from the Australian Bureau of Statistics show that 37% of employed Australians still work from home on a regular basis, a figure that is 5% higher than under pre-pandemic arrangements.[1] This figure sits more around 60% for those in professional roles. However, as we have progressively returned to life post-pandemic, an increasing number of employers have mandated attendance in the workplace.
Contracts can disguise employment relationships
Introduction In Aspire 2 Life Pty Ltd v Ms Jessica Tidmarsh [2024] FWCFB 289, the former worker was granted standing to bring a claim under section 365 of the Fair Work Act, despite the jurisdictional objection that she was not an employee who could be dismissed. Facts The worker was engaged by Aspire 2 Life Pty Ltd as a home care services support worker.
Seven standards to satisfy positive duty under the Sexual Discrimination Act
Introduction Historically, for action to be taken against unlawful conduct, the Australian Human Rights Commission had to rely upon the victims of sexual harassment making a complaint. However, due to the recent changes, the Commission now has the power to conduct inquiries into employers’ compliance with their positive duty without a complaint having been made, and to ask employers what reasonable and proportionate steps are being taken to prevent or eliminate sexual harassment.
Podcast: Coffee with CGW – Get to know Andrew Corkhill - Cooper Grace Ward
Join us for a coffee chat with corporate advisory partner Andrew Corkhill and private clients partner Scott Hay-Bartlem. Their candid conversation delves into Andrew's background, explores his life outside work, and discusses what gets him excited about his work.
It Depends - Who should receive the distributions from my family trust?
In this edition of It depends, partner Scott Hay-Bartlem dispels common myths surrounding trust distributions. His message: don’t limit your focus to tax matters this EOFY – there’s much more to consider! Join Scott in Sydney on May 8 and May 9 for a complimentary seminar tailored specifically for accountants and financial advisers. His presentation will provide an in-depth analysis of distributions from family discretionary trusts, just in time for EOFY.
Fixed term employment contracts: Fixing the requirements
As of 6 December 2023, new limitations have been introduced that apply to fixed term employment contracts. In this article, our team will examine these reforms, and discuss their implication and impact for employers. In recent times, fixed term (often maximum term) contracts have been a common topic of discussion in the employment law space.
Closing loopholes in workplace law: What employers need to know - - Australia
Earlier this year, the second tranche of the Federal Government's significant workplace reforms passed into law, bringing major changes. The reforms, in combination with those passed in late 2023, introduce landmark change to Australia's employment laws for employees, employers, independent contractors, gig workers and principals of most, if not all, Australian workplaces. This article provides a high-level overview of these amendments and insight as to how employers can ensure compliance.
New Sexual Harassment Obligations For Employers Under The Respect@Work Act: A Positive And Proactive Approach
As a result of the recommendations in the Respect@Work report released by the Australian Human Rights Commission in 2020, Australia's sexual harassment laws have undergone significant change, with the most recent amendment commencing into effect in December 2023. During this time, the Federal Court of Australia has awarded a landmark payout to an employee who was sexually harassed by her boss at work.
Closing loopholes in workplace law: what employers need to know
Earlier this year, the second tranche of the Federal Government’s significant workplace reforms passed into law, bringing major changes. The reforms, in combination with those passed in late 2023, introduce landmark change to Australia’s employment laws for employees, employers, independent contractors, gig workers and principals of most, if not all, Australian workplaces. This article provides a high-level overview of these amendments and insight as to how employers can ensure compliance.
New sexual harassment obligations for employers under the Respect@Work Act: a positive and proactive approach
As a result of the recommendations in the Respect@Work report released by the Australian Human Rights Commission in 2020, Australia’s sexual harassment laws have undergone significant change, with the most recent amendment having taken effect from December 2023. During this time, the Federal Court of Australia has awarded a landmark payout to an employee who was sexually harassed by her boss at work.
Qantas’ adverse action appeal grounded following landmark High Court decision
The High Court of Australia’s decision in Qantas Airways Limited v Transport Workers Union of Australia provides more certainty regarding the application of adverse action in the Fair Work Act 2009 (Qld).
Fixed term employment contracts: ‘fixing’ the requirements
In recent times, fixed term (often maximum term) contracts have been a common topic of discussion in the employment law space. This largely stems from significant reforms introduced by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Secure Jobs Better Pay Act), which received Royal Assent on 6 December 2022, and introduced new limitations that apply to fixed term contracts from 6 December 2023.
Qantas’ adverse action appeal grounded following landmark High Court decision
In dismissing Qantas’ submission that workplace rights extend to present rights only, the High Court of Australia has emphasised the requirement for employers to carefully consider workplace decisions to ensure they do not prevent employees from exercising workplace rights, both present and future.
$380,000 fine for harmful work culture serves as reminder to protect employee mental wellbeing
Failure to provide and maintain a safe workplace A $380,000 fine for Court Services Victoria (CSV) demonstrates the consequences for employers who do not take steps to ensure their workplaces are conducive to the mental health of employees. CSV oversees the Coroners Court of Victoria, the court body responsible for investigating unexpected deaths in Victoria. Significant mental health hazards existed at the Court due to the presence of traumatic materials and improper workplace behaviours.
New sexual harassment obligations for employers under the Respect@Work Act: a positive and proactive approach
During this time, the Federal Court of Australia has awarded a landmark payout to an employee who was sexually harassed by her boss at work. The case carefully considers the meaning of sexual harassment and deals with whether giving gifts, making comments about an employee’s body, declarations of romantic feelings and an inappropriate slap constitute sexual harassment.
Closing loopholes in workplace law: what employers need to know
This article provides a high-level overview of these amendments and insight as to how employers can ensure compliance. Last year, employers saw substantial reform to the Australian employment law landscape. Notably, the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 was introduced by the Labor Government to close the ‘loopholes’ and gaps in employment law that have been historically used for unfair practices.
Fixed term employment contracts: ‘fixing’ the requirements
In recent times, fixed term (often maximum term) contracts have been a common topic of discussion in the employment law space. This largely stems from significant reforms introduced by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Secure Jobs Better Pay Act), which received Royal Assent on 6 December 2022, and introduced new limitations that apply to fixed term contracts from 6 December 2023.
FWC announces changes to shutdown provisions in modern awards
Employers with employees covered by any of the 78 modern awards impacted by the 1 May 2023 overhaul of business shutdown provisions by the Fair Work Commission should review their arrangements to ensure compliance. Introduction On 22 December 2022, the Full Bench of the Fair Work Commission determined to significantly vary, and ultimately standardise, the shutdown clauses in 78 modern awards.
FWC announces changes to shutdown provisions in modern awards
Topics: Workplace relations and safety Employers with employees covered by any of the 78 modern awards impacted by the 1 May 2023 overhaul of business shutdown provisions by the Fair Work Commission should review their arrangements to ensure compliance. Introduction On 22 December 2022, the Full Bench of the Fair Work Commission determined to significantly vary, and ultimately standardise, the shutdown clauses in 78 modern awards.
Federal Court clarify when payments in lieu of notice must be delivered to parting employees
Topics: Workplace relations and safety The Federal Court has provided a timely wake up call to employers that provide payments in lieu of notice after termination of employment, finding that such practice is unlawful and could subject employers to significant pecuniary penalties. Introduction Over time, it has become common practice for employers to provide payments in lieu of notice to outgoing employees following the termination date of their employment.
Federal Court clarify when payments in lieu of notice must be delivered to parting employees
The Federal Court has provided a timely wake up call to employers that provide payments in lieu of notice after termination of employment, finding that such practice is unlawful and could subject employers to significant pecuniary penalties. Introduction Over time, it has become common practice for employers to provide payments in lieu of notice to outgoing employees following the termination date of their employment.
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