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Welcome to the September edition of our newsletter, 'Articles and Ideas for Clever Business Owners and Operators'. 

This month we introduce you to Terry Lyons our Community Manager. We discuss the extent to which a landlord can refuse to consent to the assignment of a lease, highlight the cleaning business recommendations due in October, we take you through legal updates pertinent to casual employees and invite you to our September HR Discussion Group Event: R Ur Employees OK? Mental Health in the Workplace - Legal Rights and Responsibilities.

 

Introducing Terry Lyons, Community Manager

Terry joins us bringing 35 years of experience in finance and growing and supporting businesses all over Australia.

His passion is building strong relationships through understanding the needs in business and of owners and then providing solutions matched to such.

Whether the opportunity or issue is a legal or business one, Terry is a resource available for all our clients and referral partners to help ensure the best solution is sourced and outcome achieved.

Terry is also passionate about enjoying time with family, travelling and exploring new destinations and watching AFL. With any other spare time, you can usually find Terry playing golf with friends at some of Victoria’s favourite golf courses.

 


Assignment of a Lease: When Can a Landlord Refuse to Consent?

We are often approached by landlord clients who are faced with the following tricky decision: Should I consent to a lease assignment (transfer) at my commercial property in circumstances where the proposed new tenant has few assets and little business experience?

It is a stressful decision, particularly where the current tenant looks to be in financial trouble itself. A complicating factor for landlords is the restricting nature of section 60 of the Retail Leases Act 2003 (Vic), a provision which is similarly replicated in other States.

The recent Victorian Civil and Administrative Tribunal decision in AVC Operations Pty Ltd v Teley Pty Ltd (Building and Property) [2018] VCAT 931 considered the extent to which a landlord can reasonably refuse consent under section 60.

Click here to read more


 

Cleaning Business Recommendations Due in October 2018

A report on 'cleaners and the cleaning industry' by the federal parliament will be released by 15 October 2018.

The inquiry looked into "the exploitation of general and specialist cleaners working in retail chains for contracting or subcontracting cleaning companies." It also closely looked at frameworks in place to protect against injury and underpayment, compliance with workplace and tax laws, and the issue of 'phoenixing' and 'pyramid' subcontracting.

In 2016 the Fair Work Ombudsman (FWO) found that 33% of cleaning businesses were paying their staff incorrectly.

If your business involves subcontracting, or employs cleaners, keep an eye on the results of this inquiry.  

Contact us to help you navigate these challenging legal issues.

 



Do Your Casual Employees Have the Right to Convert to Permanent Employment?

Currently there are a number of modern awards which include a casual conversion clause which broadly provides employees with the right to convert to permanent employment if employed on a regular and systematic basis, for a period of 6 or 12 months (depending on the award).

The Fair Work Commission has recently finalised a model casual conversion clause which will be incorporated into an additional 85 modern awards from 1 October 2018. Like some current awards, the model clause broadly provides employees with the right to convert to permanent employment if
their employment meets the systematic conditions of their award.

Read more here

 

R Ur Employees OK? - HR Discussion Group

Rankin Business Lawyers are determined to make the law accessible to business. We are reaching out to HR practitioners in business to come along to our Employment Law “Debunking” Group. 

Attendance will be limited to 20 experienced practitioners and the format designed to inform, explore and deconstruct the complexities of Employment Law.

Our experienced Employment Lawyer, Georgia Rutecki, will lead the group through contemporary HR practices and their legal impact, recent legislation and cases and real-life problem situations (names of the innocent removed). There will also be an opportunity for group members to raise an issue “a friend of theirs is having” for the group to explore.

The key topic for our September session will be "Mental Health in the Workplace – Legal Rights and Responsibilities" and will cover:

• Employers' legal obligations
Managing employees with mental health conditions, and
Preventing and responding to workplace bullying and harassment

Wednesday 19th September
7am – 9:30am
Foy's Arcade Level 6, 246 Bourke Street Mall, Melbourne

Secure your ticket here
 

Thanks again for reading. If you have any queries or would like to discuss any legal issues please don’t hesitate to contact me on 0422 736 206 or rob@rankinandco.com.

 
Yours sincerely,
Rob Roy Rankin

p: +61 422 736 206   l    f: +61 3 9923 6970
e: rob@rankinandco.com   l   www.rankinandco.com

 
Copyright © 2018 Rankin Business Lawyers, All rights reserved.


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