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FWC sets aside unreasonable prohibition notice

15 April 2016 - Legal Updates, Workplace Safety

Businesses have the right to appeal prohibition or improvement notices issued to them by government bodies. In a recent case, the Fair Work Commission set aside a prohibition notice on the grounds that it was not reasonable in the circumstances and exceeded industry standards.

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ACCC Priority Areas in 2016

23 March 2016 - Competition & Consumer Law, Legal Updates

At the start of every year, the Australian Competition and Consumer Commission announce several priority areas that will be the focus of their compliance and enforcement activities for that year.

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Trade promotions and competitions – don’t leave them to chance

15 March 2016 - Competition & Consumer Law, Legal Updates

Competitions (also known as trade promotions) are an enjoyable and effective way to engage with consumers and promote your business and its products or services. Before conducting a promotion, it is important to ensure that it complies with the relevant state or territory regulations, which have a variety of requirements including obtaining permits in some cases, and mandatory requirements to include specific details in advertising material about the promotion.

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Redundancy during parental leave – Know the risks!

9 March 2016 - Human Resources Law, Legal Updates

Despite a downturn in business, employers need to be aware that they do not have unlimited discretion to select positions for redundancy and employees for retrenchment based on prohibited reasons such as exercising a right to take parental leave or requesting flexible working arrangements. In a recent case, the Federal Circuit Court held that despite a lack of profitability, the employer took adverse action against an employee on parental leave when it failed to return her to her pre-parental leave position and brought forward her redundancy.

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Mislead, deceive and pay the penalty

29 February 2016 - Competition & Consumer Law, Legal Updates

Advertising is a fundamental aspect of every business. There are many tactics that can be used to attract customers including: comparing prices, highlighting savings, comparing the benefits of your product with a competitor’s, to name just a few. Whatever the method, businesses must be aware of the restrictions in place under the Australian Consumer Law (ACL). Recently a number of businesses have paid some significant penalties for advertising in a manner which is in breach of the ACL.

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