CML Lawyers

Paid when Paid provisions

What are paid when paid provisions and how are they relevant in the construction industry?   The Problem   Delays in payments are endemic in the construction industry all over the world.  With global reports concluding that the construction industry is most affected by delays with 65% of stakeholders having experienced delayed payments. Extensive research […]

How to make sure your Payment Claim is Valid

Is your payment claim valid?   Below are questions you should be asking to ensure your payment claim is valid:   Am I covered by the Act? The Building and Construction Industry Security of Payment Act 1999 (“SOP Act”) applies to the majority of construction contract, whether written or not, for construction work carried out […]

Minimum Wage Increase and other Super Changes – 1 July 2023

Minimum Wage Increase and other Super Changes – 1 July 2023 Each year, the government changes its fees and charges, and statutory thresholds and caps, effective with the start of the new financial year. For example, ASIC has increased company and business name fees from 1 July 2023 – you can find more details here. […]

Minimum Wage Increase and other Super Changes – 1 July 2022

Minimum Wage Increase and other Super Changes – 1 July 2022 Minimum Wage Increase As of 1 July 2022, the National Minimum Wage increased by $40 per week (or 5.2%) to $812.60 per week or $21.38 per hour.   Award minimum wages increased by 4.6%, with a minimum increase of $40 per week for adult […]

Stand Clear – Doors Are Closing on Out of Hours Conduct

Stand Clear – Doors Are Closing on Out of Hours Conduct Not often do we hear of out of hours conduct that allows an employer to dismiss an employee without being liable for unfair dismissal, but Sydney Trains showed when you can only last week.  The three point test in Rose v Telstra (discussed in […]

STRATA LAW – Off the Plan Doesn’t Go To Plan

STRATA LAW – Off the Plan Doesn’t Go To Plan   Retail Unit Manifestly different from Plan   Many investors buy “off the plan”. It can be a good way to get in early, but what if it doesn’t all go to plan when it is built?   In 2017, a buyer bought a retail […]

Employers Can Mandate Vaccinations. Can they require COVID-19 Vaccination? Probably!

Employers Can Mandate Vaccinations. Can they require COVID-19 Vaccination? Probably!   In March, we asked whether employers can require their staff to obtain a Covid-19 vaccination.  Back then, we said:  Not Yet!   Six months on, the Courts and Fair Work Commission are yet to rule on this question.  However, the Fair Work Commission has […]

Casuals lose Annual Leave Windfall

Casuals lose Annual Leave Windfall   The Government and the High Court have confirmed that casual employees cannot double dip on annual leave loadings.  Casuals are paid a casual loading of around 25%.  The casual loading is meant to cover permanent entitlements like annual leave. Until last week, the Federal Court was saying that casuals […]