Company Title – Who Owns What?
The division of rights between the shareholder and the company in a company title unit is often a controversial issue. As with many things in company title law, the terms of the constitution will determine whether or not a particular part of the building or parcel of land is owned by the company or whether […]
4 Signs Of Good Corporate Governance
All companies must observe the minimum requirements of good corporate governance in order to ensure that they comply with their statutory obligations and run the building in an efficient manner. 1. Holding Board Meetings Board meetings should be conducted on a regular basis in order to ensure that the directors are keeping abreast of any […]
Is Your Workplace a Constitutional Corporation?
In Kim Cowie [2016] FWC 7886 the Fair Work Commission rejected an application for a stop bullying order filed by Kim Cowie, a volunteer umpire with Rowing Victoria Inc., on the basis that Rowing Victoria Inc. was not a ‘constitutional corporation’ and so the stop bullying provisions of the Fair Work Act 2009 (Cth) did not […]
Employment Law Implications of the NDIS
The roll out of the National Disability Insurance Scheme (NDIS) was completed on 1 July 2016. It has a number of implications for the way in which work is carried out in the disability services sector. Flexibility The use of individual client plans and the increasing focus on home and community care services may require […]
Working with Children and Disqualified Persons
Dismissing disqualified persons under the Child Protection (Working with Children) Act 2012 (NSW) – guidance from the Fair Work Commission In O’Connell v Catholic Education Office, Archdiocese of Sydney [2016] FWCFB 1752, the Full Bench of the Fair Work Commission provided employers with some timely guidance on how best to deal with an employee who becomes a ‘disqualified person’ under the Child […]