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Insights on the

issues that matter

 

The law is complex and ever changing. Small amendments to legislation can have serious impact throughout the industry and broader economy. Seemingly minor details can make or break a business.

That’s why our team are constantly researching, writing and documenting the latest changes to the law. By placing focus on writing and commentary we ensure our team and our clients stay one step ahead of the competition.

Meet the Writers Guild

 

Our Writers Guild are some of the most prolific drafters in the industry. Our Senior Associates meet once a week to research, debate and write about the major issues facing our clients and the broader sector. We believe that by researching these matters it helps to inform our team and our clients, ensuring every move we make is deeply researched and considered. These deep insights form part of our winning formula at Vincent Young.

Contact us if you would like us to present to your organisation on any of the matters in our papers.

Latest articles

Mandatory COVID-19 vaccine for aged care – what does this mean for your organisation? Employment
7 July, 2021

Mandatory COVID-19 vaccine for aged care – what does this mean for your organisation?

Last week, it was decided in the National Cabinet that residential workers in the aged care sector will be mandated to get the COVID-19 vaccine to remain employed. The Federal Government will require that at least the first dose of the COVID-19 vaccine be administered by mid-September. We anticipate that…
Morrison Government proposes changes to sexual harassment and sex discrimination laws in the workplace Employment
30 June, 2021

Morrison Government proposes changes to sexual harassment and sex discrimination laws in the workplace

The Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 (Cth) (Bill) was introduced into the Senate last week. The intent of the legislation is to amend the Fair Work Act 2009 (Cth) (FW Act), the Australian Human Rights Commission Act 1986 (Cth) (AHRC Act) and Sex Discrimination…
Construction company wins case on exception to redundancy payments ConstructionEmployment
24 June, 2021

Construction company wins case on exception to redundancy payments

A Full Federal Court has found, in a case involving a construction company and the CEPU, that the “ordinary and customary turnover” exception to redundancy pay in section 119 of the Fair Work Act 2009 (Cth) applied to employees employed for a specific construction project. At first instance, the primary…
NSW reform | New obligations for design and building practitioners and professional engineers ConstructionProperty & Projects
2 June, 2021

NSW reform | New obligations for design and building practitioners and professional engineers

Recap The Design and Building Practitioners Act 2020 (‘DBP Act’) assented on 10 June 2020 created a statutory duty of care on residential builders to owners of land and each subsequent owner of the land (owners corporations and lot owners) over and above the statutory warranties provided under the Home…
Webinar: Changes to casual employment – what you need to know Employment
30 April, 2021

Webinar: Changes to casual employment – what you need to know

Erin Lynch, Vincent Young Employment Partner, recently presented a webinar where she discussed the legislative changes to casual employees and the impact on organisations. Erin addressed the following topics: who is a casual employee? casual employment under modern awards; casual conversion; casual loading and “double dipping”; the Casual Employment Information…
Get the “jab” – mandatory COVID-19 vaccination for employees? Employment
31 March, 2021

Get the “jab” – mandatory COVID-19 vaccination for employees?

With the COVID-19 vaccine rollout starting in Australia, organisations are considering whether or not they are able to mandate that their employees get vaccinated. The answer…it depends (noting that there is yet to be a decision by the Courts on this question). Employers, in directing employees to get vaccinated, will…
IR Reforms: Stripped back to amendments to casual employment Employment
23 March, 2021

IR Reforms: Stripped back to amendments to casual employment

Yesterday, the amended Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2021 (the “Bill”) passed Parliament, after the House of Representatives accepted the Senate’s amendments. The Bill, as introduced in Parliament in December 2020, has been reduced to include only changes to casual employment. These changes include: a…
Major Amendments to the Building and Construction Industry Security of Payment Regulation 2020 (NSW) ConstructionProperty & ProjectsSecurity of Payments
16 March, 2021

Major Amendments to the Building and Construction Industry Security of Payment Regulation 2020 (NSW)

On 1 March 2021, Schedule 2 of the Building and Construction Industry Security of Payment Regulation 2020 (NSW) (Regulations) came into force. As a result, owner occupier construction contracts entered into on or after 1 March 2021 are no longer exempt from the application of the Building and Construction Industry…
Are you ready for it? JobKeeper 2.0 and the changes to flexibility under the Fair Work Act Employment
8 September, 2020

Are you ready for it? JobKeeper 2.0 and the changes to flexibility under the Fair Work Act

The Coronavirus Economic Response Package (JobKeeper Payments) Amendment Act 2020 (Act) received royal assent on 3 September 2020. We have set out the key changes to the Fair Work Act 2009 (Cth) (FW Act) for employers below. Legacy employers The changes allow “legacy employers” to issue JobKeeper enabling directions to eligible employees.…
The calculation of personal leave has been ‘put to bed’ by the High Court Employment
13 August, 2020

The calculation of personal leave has been ‘put to bed’ by the High Court

The High Court has determined that, for the purposes of paid personal/carer’s leave, a “day” means a “notional day”, consisting of 1/10th of an employee's ordinary hours of work in a two-week (fortnightly) period or 1/26th of the employee’s ordinary hours of work in a year. How does this work…
FWC varies a JobKeeper enabling direction to an employee to reduce hours of work…but why? Employment
30 July, 2020

FWC varies a JobKeeper enabling direction to an employee to reduce hours of work…but why?

The answer – because the employer “overplayed its hand”. Allan Jones (no, not that one) was issued a JobKeeper enabling direction by his employer, Live Events Australia Pty Ltd (Live Events). Live Events is in the business of broadcasting live events, including sport. Mr Jones is employed on a full-time…
JobKeeper 2.0 – An extension of the JobKeeper payment, with some changes Employment
22 July, 2020

JobKeeper 2.0 – An extension of the JobKeeper payment, with some changes

  Modified JobKeeper payment The JobKeeper payment, which was originally due to expire on 27 September 2020, will now continue until 28 March 2021. From 28 September 2020, the payment rate of $1,500 per fortnight for eligible employees and business participants will be reduced as set out below. 28 September…
Security of Payments: retention trust accounts on $10 mill projects ConstructionSecurity of Payments
17 July, 2020

Security of Payments: retention trust accounts on $10 mill projects

The NSW Government is proposing to repeal the current 2008 regulations to the Building and Construction Industry Security of Payment Act 1999 (NSW) replacing them with a new set of regulations: the Building and Construction Industry Security of Payment Regulation 2020. A key change is the requirement for head contractors…
Introduction of new law relating to serious defects and issuance of occupation certificates ConstructionDevelopmentProperty & Projects
2 July, 2020

Introduction of new law relating to serious defects and issuance of occupation certificates

Introduction The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (Act) was assented to on 10 June 2020 and will commence on 1 September 2020. The Act applies retrospectively and significantly impacts residential projects delivery, completion, developer cash flow and contractors risks. Developers (you) must note these changes…
Security of Payment update | absence of supporting statement not fatal ConstructionSecurity of Payments
15 May, 2020

Security of Payment update | absence of supporting statement not fatal

Since supporting statements were introduced into the Building and Construction Industry Security of Payment Act 1999 NSW (Act) a question has been whether a payment claim served without one (or with deficiencies in one) is still valid. The answer The Court of Appeal in TFM Epping Land Pty Ltd v…