CML Lawyers

Comply or Face the Consequences: Not-for-Profit on Notice

Religious organisations and not-for-profits are on notice following a recent Fair Work Case.  You must get it right with all your workers and check whether they are covered by a modern Award. A man on a religious worker visa worked in a Hindu Temple in Melbourne for 18 months. He complained about being underpaid for […]

Going for PBI? Want DGR status? There are new guidelines from the ACNC

New Interpretation Guidance for Public Benevolent Institutions (PBIs) When not-for-profits want Public Benevolent Institution (PBI) status, the first stop is the Australian Charities and Not-for-profits Commission (ACNC), and they have guidelines about what is required to get this status. The ACNC publishes the criteria it uses.  In future, NFPs should look at the new Commissioner’s […]

Does your Charity have the Tick?

The Australian Charities and Not-for-Profits Commission (ACNC), has launched a ‘registered Charity Tick.’ The ACNC hopes the Tick will encourage public confidence in the charities sector. The tick may also act as an incentive for charities to meet ACNC requirements. Not-for-Profit organisations that are not registered charities cannot use the Tick. If you are running […]

Conversion from Company Title to Strata Title – Is it Right for Your Company?

The Advantages of Strata Title when compared with Company Title Conversion from company title to strata title can result in tangible benefits. Unit ownership via company title is an older form of unit ownership than strata title, and was the only way to own home units prior to 1961. The owner’s right to sell or […]

Can I share a lawyer’s trade secret? How NOT to enforce post-employment restraints!

Even when employers have introduced restraints that prevent employees from working in competition, those restraints may not stand up. In this NSW case, the court said that the non-compete restraint only stopped the employee from working for a competitor in the part of the business in which they had worked. Keep reading to find out […]

Workplace Watchdog Rips Down the Corporate Veil

Personal liability for those involved in breaches of the Fair Work Act. The Fair Work Ombudsman warns directors and others (known as “accessories”) involved in underpaying workers that they can no longer hide behind the corporate veil. In the last financial year, the Ombudsman sought personal orders against “accessories” in 92% of filed cases. If […]

Mandatory Data Breach Notification Law – What you need to know

Are you a business with an annual turnover of over $3 million AUD or do you provide health, child care or education services or trade in personal information? If you are, then you should get ready now for the new Data Breach Notification Laws that will be effective next year. You are an APP Entity […]

New Penalty Rates – When do they apply?

On 23 February 2017, the Fair Work Commission (FWC) handed down its decision on penalty rates in the hospitality and retail industries. These changes apply: Public Holiday – Hospitality + Retail – from 1 July 2017. Sunday Penalty – TBA – following a May hearing  FWC has invited interested parties to file submissions by 4.00 […]

Fair Work Ombudsman is the New MythBuster

The Fair Work Ombudsman has issued a media release busting the ten myths that leave young employees underpaid. Employers watch out! This year the Ombudsman will be out looking for underpaid young workers. If you are an employer, then you should make sure that you don’t fall for any of the 10 myths or you […]