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Monthly Archives: April 2022

Modern slavery obligations: a Commonwealth and NSW perspective

Background On 1 January 2019, the Modern Slavery Act 2018 (Cth) (“Commonwealth Act”) came into effect and established a national modern slavery reporting requirement. However, this Commonwealth Act had two key inconsistencies in the reporting requirements with the Modern Slavery Act 2018 (NSW) (“NSW Act”) as follows: the NSW Act reporting threshold was initially $50 …
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You’re dismissed…or maybe not: when a demotion may not amount to a dismissal

In a recent decision, the Fair Work Commission Full Bench (FWCFB), in considering the meaning of “dismissal” under section 386 of the Fair Work Act 2009 (Cth) (FW Act), has found that a 10% salary reduction did not amount to a dismissal. Following an investigation into allegations of misconduct, NSW Trains took disciplinary action against …
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Dealing with ipso-facto clauses and step in rights in construction insolvencies

Security of Payments

What you need to know The construction industry is currently experiencing a high number of insolvencies. Various moratoria arise on a builder entering into external administration which can impact upon the rights that can be exercised by developers, sub-contractors and suppliers. Amongst other restrictions, this includes prohibitions on counterparties taking advantage of ipso facto clauses …
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