Author: Cohen Legal

New Ruling: What Constitutes a Casual Worker

The Federal Court of Australia handed down a new ruling yesterday in WorkPac v Rossato redefining what constitutes a casual employee. Effectively, your regular rostered casual workers may not be casual workers at all and may be entitled to certain leave entitlements. The Federal Government has indicated that it is open to legislative amendments to […]

Building and Construction Law Basics – Part 4 – Adjudication

Adjudication is a dispute resolution process to help resolve disagreements about progress payments and money owed.

Partnership Agreements: An important step in securing your business

Establishing a partnership type business is a good way for two to a small group of business partners to start a small to medium sized business. As we’ve already covered, partnerships are good businesses because they usually are cheap to set up, easy to maintain with minimal regulatory requirements and can be transformed into a registered corporation with little issue (though with some cost) if you feel the need to transfer structures.

The importance of well drafted employment contracts

The need for well drafted employment contracts and policies is vital as these documents set out the framework in which the employment relationship is regulated. A well drafted employment contract: sets clear obligations and expectations on the employee so if that employee fails to meet the terms and conditions of employment the employer can rely […]

The importance of registering a business name

So, you’re a new startup company. It’s an exciting new chapter. After months of toing and froing you’ve finally found the perfect name for your business. What next? Read on and we’ll tell you why it’s important to register your business name. Reason 1: Mandatory requirement It’s a legal requirement in Australia to register the […]

Building & Construction Law Basics – Part 3 – Reference Date

Welcome to part 3 of our series of articles discussing the basics of the Building Industry Fairness (Security of Payment) Act 2017 (Qld)(BIFA).  So far in this series we’ve covered: Payment claims; and Payment schedules. If you’ve missed these articles, be sure to read them here. What is a reference date? It’s a date stated […]

The Human Rights Act – does it apply to you?

As of 1 January 2020, all provisions of the Queensland’s Human Rights Act 2019 are now in effect. What does this mean for you and your business? You’ll need to consider whether the Act applies to your business and whether policies and procedures should be implemented to meet statutory obligations. The Human Rights Act creates […]

Is your business ready for the changes to annualised salaries?

In 2019 the Fair Work Commission handed down a decision imposing significant new obligations on employers paying annualised salaries under a number of modern awards. Annual salary clauses in 19 awards have been amended and the terms will be inserted into three additional modern awards.  A list of the effected awards is set out below. […]

Building & Construction Law Basics – Part 2 – Payment Schedules

We’ve recently launched our Building and Construction Law Basics series to give you the basics of the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIFA) and help those working in the building and construction industry shape their business practices and improve their prospects of successfully making or defending a claim for payment under […]

The Importance of Terms and Conditions

When you buy goods or services you’re often prompted to agree to terms and conditions. It’s common for people to quickly tick off the box that confirms you have read and agreed with them without batting an eye. Most people don’t think too much about terms and conditions, but did you know that as a […]